Pending: 32014D0762

January 15, 2026
6.11.2014 EN Official Journal of the European Union L 320/1
(1) The general objective of the Union Civil Protection Mechanism (‘Union Mechanism’) is to strengthen the cooperation between the Union and the Member States and to facilitate coordination in the field of civil protection in order to improve the effectiveness of systems for preventing, preparing for and responding to natural and man-made disasters.
(2) As disasters can strike at any time, the Emergency Response Coordination Centre (ERCC) established under Article 7 of Decision No 1313/2013/EU should ensure at all times close contact with the contact points of Member States.
(3) The Common Emergency Communication and Information System (CECIS) is an essential element of the Union Mechanism because it should guarantee authenticity, integrity and confidentiality of information exchanged among the Member States under routine conditions as well as in emergencies. A separate version of CECIS providing access to the secretariats of the regional sea conventions and third countries sharing a regional sea basin with the Union should be created in view of the specificities of the response to marine pollution incidents.
(4) In order to ensure operational effectiveness, minimum requirements should be defined for the modules, other response capacities and experts identified in accordance with Article 9(1) of Decision No 1313/2013/EU, as well as for their operational requirements, functioning, and interoperability, as provided for in Article 9(2) of Decision No 1313/2013/EU. In particular, modules should be capable of working self-sufficiently for a given period of time, be quick to deploy, and interoperable. In order to enhance the interoperability of modules, measures are needed at Union and Member State levels.
(5) The capacity goals for the European Emergency Response Capacity (EERC) should be defined and regularly reviewed in order to have a sufficient number of all necessary types of modules, other response capacities, and experts available for deployments under the Union Mechanism. The quality and interoperability requirements should be defined and regularly reviewed to ensure a uniform minimum level of quality and interoperability of all capacities participating in the EERC.
(6) A certification and registration procedure, including self-assessment elements, should be defined to confirm that capacities in the voluntary pool fulfil all necessary requirements and, where necessary, benefit from limited Union co-financing of ‘adaptation costs’. This certification and registration procedure should, moreover, ensure an adequate geographic balance of capacities in accordance with the location of risks, and consider the participation of all interested Member States.
(7) The identification of possible response capacity gaps of the EERC should allow the Commission and Member States to determine together where adequate capacities are not available inside or outside the voluntary pool. Member States addressing them individually or through consortia should benefit from limited Union co-financing provided this is cost-effective and confirmed by risk-assessments.
(8) In order to develop the functioning of the EERC, limited amounts of Union co-financing through framework contracts, framework partnership agreements or similar arrangements should support Member States' access to additional capacities to address temporary shortcomings in extraordinary disasters, i.e. disasters of a nature and magnitude going beyond what can reasonably be expected and prepared for. These capacities should be included in the voluntary pool for deployments under the Union Mechanism.
(9) The Union Mechanism training programme continues to represent an essential element for the preparedness of civil protection and disaster management personnel deployed in the context of the Union Mechanism. In line with the scope defined in Article 13(1) of Decision No 1313/2013/EU, it should cover prevention, preparedness, and response phases.
(10) The Union Mechanism exercise programme should continue its essential role for the practical preparedness for deployments involving the Union Mechanism and the sharing of lessons learnt from civil protection actions conducted within the framework of the Union Mechanism. The exercise programme should be guided by a strategic framework, setting out objectives and roles of exercises under the Union Mechanism, as well as by specific priorities included in the annual work programmes.
(11) A systematic, focused and coherent approach for gathering, analysing, disseminating and implementing the lessons learnt, covering the entire disaster management cycle, should be established.
(12) In the framework of the Union Mechanism, clear operational procedures for the response to disaster under the Mechanism are important to ensure efficient assistance in case of disasters, including for the relevant international organisations identified in accordance with Article 16(1) of Decision No 1313/2013/EU.
(13) In order to allow for a maximum of effectiveness and efficiency of the Union Mechanism, all requests for and offers of assistance should be as specific as possible including all necessary information.
(14) In order to ensure effective coordination of assistance, the ERCC should share its assessment of critical needs and its recommendations for deployments from the voluntary pool with all Member States and develop adequate deployment plans for every request for assistance. The selection of capacities from the voluntary pool should be based on specific and objective criteria, the priority of which should be assessed in the light of current operational needs.
(15) In order to improve, where appropriate, the response times under the Union Mechanism, Member States should make necessary pre-arrangements for the deployment of their capacities registered in the voluntary pool.
(16) The availability of technical, assessment, and coordination, experts, including team leaders, represents an important element of the Union Mechanism. The tasks and functions of the experts should be defined and the procedure for deploying them should be determined.
(17) Article 23 of Decision No 1313/2013/EU sets out special provisions to provide transport support in the event of a disaster to facilitate a rapid and effective response with the help of the Union Mechanism. It is necessary to establish the rules and procedures for the requests made by Member States to obtain financial support from the Union to transport assistance to the affected country and the handling of those requests by the Commission.
(18) For reasons of transparency, coherence and effectiveness it is necessary to establish the information to be provided in the requests for transport support and related replies by Member States and the Commission.
(19) Where Union financial assistance may be provided in accordance with Decision No 1313/2013/EU, Member States should have the choice to request either a grant or a transport service.
(20) Commission Decisions 2004/277/EC, Euratom(2)and 2007/606/EC, Euratom(3)should be repealed.
(21) The measures provided for in this Decision are in accordance with the opinion of the Civil Protection Committee,
(a) the interaction of the Emergency Response Coordination Centre (‘ERCC’) with Member States' contact points;
(b) the components of the Common Emergency Communication and Information System (‘CECIS’) as well as the organisation of information sharing through CECIS;
(c) the identification of modules, other response capacities and experts, as well as the operational requirements for the functioning and interoperability of modules, including their tasks, capacities, main components, self-sufficiency and deployment;
(d) the capacity goals, the quality and interoperability requirements and the certification and registration procedure necessary for the functioning of the EERC, including financial arrangements;
(e) identifying and filling gaps in the EERC;
(f) the organisation of the training programme, exercise framework and lessons learnt programme;
(g) the operational procedures for the response to disasters within as well as outside the Union, including identification of relevant international organisations;
(h) the process for deploying expert teams;
(i) the organisation of support for the transport of assistance.
(1) ‘requester of assistance’ means the Member State or a third country affected by a disaster or imminent disaster or expecting to be affected by an imminent disaster, as well as the United Nations and its agencies and other relevant international organisations as specified in Annex VII;
(2) ‘civil protection assistance’ means teams, experts or modules intended for civil protection, with their equipment, as well as relief materials or supplies needed to mitigate the immediate consequences of a disaster;
(3) ‘buffer capacities’ means disaster response capacities, the availability of and rapid access to which are co-financed under Article 21(2)(d) of Decision No 1313/2013/EU;
(4) ‘intervention team’ means the human and material resources, including modules, set up by one or more Member States for civil protection interventions;
(5) ‘technical assistance and support team’ means the human and material resources set-up by one or more Member States to fulfil support tasks, as referred to in Annex II.
(a) a network layer, connecting the competent authorities and the contact points in Member States and the ERCC;
(b) an application layer, consisting of the databases and other information systems necessary for the functioning of the Union Mechanism and in particular those needed:(i)for communicating notifications,(ii)for ensuring communication and information sharing between the ERCC and competent authorities and the contact points,(iii)for disseminating lessons learnt from interventions; (i) for communicating notifications, (ii) for ensuring communication and information sharing between the ERCC and competent authorities and the contact points, (iii) for disseminating lessons learnt from interventions;
(i) for communicating notifications,
(ii) for ensuring communication and information sharing between the ERCC and competent authorities and the contact points,
(iii) for disseminating lessons learnt from interventions;
(i) for communicating notifications,
(ii) for ensuring communication and information sharing between the ERCC and competent authorities and the contact points,
(iii) for disseminating lessons learnt from interventions;
(c) a security layer, consisting of the set of systems, rules and procedures necessary for ensuring the authenticity, integrity and confidentiality of the data stored in and exchanged via the CECIS.
(a) appropriate shelter for the prevailing weather;
(b) power generation and lighting covering the consumption of the base of operation and of the equipment required to fulfil the mission;
(c) sanitation and hygiene facilities destined for the personnel of the module;
(d) availability of food and water for the personnel of the module;
(e) medical or paramedical staff, facilities and supplies for the personnel of the module;
(f) equipment storage and maintenance of the equipment of the module;
(g) equipment for the communication with the relevant partners, notably those in charge of the coordination on site;
(h) local transportation;
(i) logistics, equipment and staff enabling the setting-up of a base of operations and the beginning of the mission without delay upon arrival on site.
(a) including in the module the necessary staff, equipment and consumables;
(b) making the necessary arrangements on the site of operations;
(c) making the necessary pre-arrangements to combine a non-self-sufficient intervention team with a technical assistance and support team in order to comply with the requirements referred to in Article 13 prior to the registration of the module concerned in accordance with Article 10(1).
(a) 96 hours;
(b) the periods laid down in Annex II.
(a) modules have the capability to operate with other modules;
(b) technical assistance and support teams have the capability to operate with other technical assistance and support teams and with relevant actors on the ground;
(c) components of a module have the capability to operate together as one module;
(d) components of a technical assistance and support team have the capability to operate together as one technical assistance and support team;
(e) modules and technical assistance and support teams, when deployed outside the Union, are able to operate with international disaster response capabilities supporting the affected country;
(f) team leaders, deputy team leaders and liaison officers of modules and technical assistance and support teams participate in appropriate training courses and exercises organised by the Commission, as set out in Articles 26-32.
(a) capacities registered in CECIS;
(b) buffer capacities; or
(c) capacities not covered by points (a) and (b) but that may be made readily available to the Member State or Member States in the required quantities, at the required location, within the required timeframe, for the required duration.
(i) there is no simultaneous or imminent extraordinary disaster that may lead to a request for deployment of the buffer capacity;
(ii) the domestic use does not unduly hinder the rapid access of other Member States in the event new extraordinary disasters arise.
(a) Member States' civil protection and disaster management personnel, in particular team leaders, their deputies and liaison officers, experts of the Member States as set out in Article 41, including prevention and preparedness experts, and key staff of national contact points;
(b) staff of the Union institutions and agencies;
(c) selected experts from the European Neighbourhood Policy countries and candidate countries and potential candidates.
(a) the United Nations and its agencies;
(b) the international organisations specified in Annex VII;
(c) third countries and, where appropriate, other relevant actors.
(a) gain and share experience;
(b) become acquainted with various techniques and operational procedures used;
(c) study approaches taken by other participating emergency services and institutions.
(a) improving the response capacity of Member States, in particular with regard to teams and other assets provided in assistance interventions under the Union Mechanism;
(b) improving and verifying the procedures and establishing a common approach for the coordination of assistance interventions under the Union Mechanism and reducing the response time in major disasters;
(c) enhancing cooperation between the civil protection services of Member States and the Commission;
(d) identifying and sharing lessons learnt;
(e) testing the implementation of lessons learnt.
(a) develop the strategic framework and long-term comprehensive plan, in cooperation with Member States, taking into account the lessons learnt programme and other relevant information;
(b) set out the objectives of the exercises as well as their role in relation to other components of the Union Mechanism; and
(c) make an annual proposal in the work programme for specific exercise priorities in line with the long-term comprehensive plan.
(a) priorities of the training programme, including where appropriate the content and curricula of the training courses, and the exercises programme;
(b) priorities of the yearly calls for prevention and preparedness projects; and
(c) priorities of the planning activities referred to in Article 10 of Decision No 1313/2013/EU.
(a) availability;
(b) suitability;
(c) location/proximity;
(d) estimated transport times and costs;
(e) prior experience;
(f) prior use of the asset;
(g) other relevant criteria, such as language capabilities, cultural proximity.
(a) technical experts;
(b) assessment experts;
(c) coordination experts;
(d) team leaders.
(a) the objectives of the mission;
(b) terms of reference;
(c) the envisaged duration of the mission;
(d) the local contact person information;
(e) the insurance condition coverage;
(f) the daily allowance to cover expenses;
(g) the specific payment conditions;
(h) guidelines for technical experts, assessment experts, coordination experts and team leaders.
(a) pooling or sharing of transport capacities;
(b) identifying, and facilitating Member States' access to, transport resources on the commercial market and or from other sources; or
(c) providing Union support to Member States through grants or through transport services procured from private or other entities.
(a) the information contained in the request for Union financing presented by the Member State according to Article 48(2);
(b) the needs expressed by the affected country;
(c) any needs assessments carried out by experts reporting to the Commission during the disaster;
(d) other relevant and reliable information available to the Commission at the time of the decision provided by Member States and by international organisations;
(e) the efficiency and effectiveness of transport solutions designed to ensure the timely delivery of civil protection assistance;
(f) possibilities for local procurement;
(g) other actions undertaken by the Commission.
Tasks —Provide pumping:—in flooded areas,—to assist firefighting by delivering water. — Provide pumping:—in flooded areas,—to assist firefighting by delivering water. — in flooded areas, — to assist firefighting by delivering water.
— Provide pumping:—in flooded areas,—to assist firefighting by delivering water. — in flooded areas, — to assist firefighting by delivering water.
— in flooded areas,
— to assist firefighting by delivering water.
Capacities —Provide pumping with mobile medium and high capacity pumps with:—an overall capacity of at least 1 000 m 3/hour, and—a reduced capacity to pump 40 metres height difference.—Ability to:—operate in areas and terrain that are not easily accessible,—pump muddy water, containing no more than 5 percent solid elements having particles size up to 40 mm,—pump water up to 40 °C for longer operations,—deliver water over a distance of 1 000 metres. — Provide pumping with mobile medium and high capacity pumps with:—an overall capacity of at least 1 000 m 3/hour, and—a reduced capacity to pump 40 metres height difference. — an overall capacity of at least 1 000 m 3/hour, and — a reduced capacity to pump 40 metres height difference. — Ability to:—operate in areas and terrain that are not easily accessible,—pump muddy water, containing no more than 5 percent solid elements having particles size up to 40 mm,—pump water up to 40 °C for longer operations,—deliver water over a distance of 1 000 metres. — operate in areas and terrain that are not easily accessible, — pump muddy water, containing no more than 5 percent solid elements having particles size up to 40 mm, — pump water up to 40 °C for longer operations, — deliver water over a distance of 1 000 metres.
— Provide pumping with mobile medium and high capacity pumps with:—an overall capacity of at least 1 000 m 3/hour, and—a reduced capacity to pump 40 metres height difference. — an overall capacity of at least 1 000 m 3/hour, and — a reduced capacity to pump 40 metres height difference.
— an overall capacity of at least 1 000 m 3/hour, and
— a reduced capacity to pump 40 metres height difference.
— Ability to:—operate in areas and terrain that are not easily accessible,—pump muddy water, containing no more than 5 percent solid elements having particles size up to 40 mm,—pump water up to 40 °C for longer operations,—deliver water over a distance of 1 000 metres. — operate in areas and terrain that are not easily accessible, — pump muddy water, containing no more than 5 percent solid elements having particles size up to 40 mm, — pump water up to 40 °C for longer operations, — deliver water over a distance of 1 000 metres.
— operate in areas and terrain that are not easily accessible,
— pump muddy water, containing no more than 5 percent solid elements having particles size up to 40 mm,
— pump water up to 40 °C for longer operations,
— deliver water over a distance of 1 000 metres.
Main components —Medium and high capacity pumps.—Hoses and couplings compatible with different standards, including the Storz standard.—Sufficient personnel to fulfil the task, if necessary on a continuous basis. — Medium and high capacity pumps. — Hoses and couplings compatible with different standards, including the Storz standard. — Sufficient personnel to fulfil the task, if necessary on a continuous basis.
— Medium and high capacity pumps.
— Hoses and couplings compatible with different standards, including the Storz standard.
— Sufficient personnel to fulfil the task, if necessary on a continuous basis.
Self-sufficiency —Article 12 applies. — Article 12 applies.
— Article 12 applies.
Deployment —Availability for departure maximum 12 hours after acceptance of the offer.—Ability to be deployed for a period of up to 21 days. — Availability for departure maximum 12 hours after acceptance of the offer. — Ability to be deployed for a period of up to 21 days.
— Availability for departure maximum 12 hours after acceptance of the offer.
— Ability to be deployed for a period of up to 21 days.
— Provide pumping:—in flooded areas,—to assist firefighting by delivering water. — in flooded areas, — to assist firefighting by delivering water.
— in flooded areas,
— to assist firefighting by delivering water.
— in flooded areas,
— to assist firefighting by delivering water.
— Provide pumping with mobile medium and high capacity pumps with:—an overall capacity of at least 1 000 m 3/hour, and—a reduced capacity to pump 40 metres height difference. — an overall capacity of at least 1 000 m 3/hour, and — a reduced capacity to pump 40 metres height difference.
— an overall capacity of at least 1 000 m 3/hour, and
— a reduced capacity to pump 40 metres height difference.
— an overall capacity of at least 1 000 m 3/hour, and
— a reduced capacity to pump 40 metres height difference.
— Ability to:—operate in areas and terrain that are not easily accessible,—pump muddy water, containing no more than 5 percent solid elements having particles size up to 40 mm,—pump water up to 40 °C for longer operations,—deliver water over a distance of 1 000 metres. — operate in areas and terrain that are not easily accessible, — pump muddy water, containing no more than 5 percent solid elements having particles size up to 40 mm, — pump water up to 40 °C for longer operations, — deliver water over a distance of 1 000 metres.
— operate in areas and terrain that are not easily accessible,
— pump muddy water, containing no more than 5 percent solid elements having particles size up to 40 mm,
— pump water up to 40 °C for longer operations,
— deliver water over a distance of 1 000 metres.
— operate in areas and terrain that are not easily accessible,
— pump muddy water, containing no more than 5 percent solid elements having particles size up to 40 mm,
— pump water up to 40 °C for longer operations,
— deliver water over a distance of 1 000 metres.
— Medium and high capacity pumps.
— Hoses and couplings compatible with different standards, including the Storz standard.
— Sufficient personnel to fulfil the task, if necessary on a continuous basis.
— Article 12 applies.
— Availability for departure maximum 12 hours after acceptance of the offer.
— Ability to be deployed for a period of up to 21 days.
Tasks —Provide drinkable water, from surface water sources, according to the applicable standards and at least to the level of the WHO standards.—Perform water quality control at the outtake point of the purification equipment. — Provide drinkable water, from surface water sources, according to the applicable standards and at least to the level of the WHO standards. — Perform water quality control at the outtake point of the purification equipment.
— Provide drinkable water, from surface water sources, according to the applicable standards and at least to the level of the WHO standards.
— Perform water quality control at the outtake point of the purification equipment.
Capacities —Purify 225 000 litres of water per day.—Storage capacity equivalent to the production of half a day. — Purify 225 000 litres of water per day. — Storage capacity equivalent to the production of half a day.
— Purify 225 000 litres of water per day.
— Storage capacity equivalent to the production of half a day.
Main components —Mobile water purification unit.—Mobile water storage unit.—Mobile field laboratory.—Couplings compatible with different standards, including the Storz standard.—Sufficient personnel to fulfil the task, if necessary on a continuous basis. — Mobile water purification unit. — Mobile water storage unit. — Mobile field laboratory. — Couplings compatible with different standards, including the Storz standard. — Sufficient personnel to fulfil the task, if necessary on a continuous basis.
— Mobile water purification unit.
— Mobile water storage unit.
— Mobile field laboratory.
— Couplings compatible with different standards, including the Storz standard.
— Sufficient personnel to fulfil the task, if necessary on a continuous basis.
Self-sufficiency —Article 12 applies. — Article 12 applies.
— Article 12 applies.
Deployment —Availability for departure maximum 12 hours after acceptance of the offer.—Ability to be deployed for a period of up to 12 weeks. — Availability for departure maximum 12 hours after acceptance of the offer. — Ability to be deployed for a period of up to 12 weeks.
— Availability for departure maximum 12 hours after acceptance of the offer.
— Ability to be deployed for a period of up to 12 weeks.
— Provide drinkable water, from surface water sources, according to the applicable standards and at least to the level of the WHO standards.
— Perform water quality control at the outtake point of the purification equipment.
— Purify 225 000 litres of water per day.
— Storage capacity equivalent to the production of half a day.
— Mobile water purification unit.
— Mobile water storage unit.
— Mobile field laboratory.
— Couplings compatible with different standards, including the Storz standard.
— Sufficient personnel to fulfil the task, if necessary on a continuous basis.
— Article 12 applies.
— Availability for departure maximum 12 hours after acceptance of the offer.
— Ability to be deployed for a period of up to 12 weeks.
Tasks —Search for, locate and rescue victims(1)located under debris (such as collapsed buildings and transport incidents).—Provide lifesaving first aid as required, until handover for further treatment. — Search for, locate and rescue victims(1)located under debris (such as collapsed buildings and transport incidents). — Provide lifesaving first aid as required, until handover for further treatment.
— Search for, locate and rescue victims(1)located under debris (such as collapsed buildings and transport incidents).
— Provide lifesaving first aid as required, until handover for further treatment.
Capacities —The module shall have the ability to perform the following, taking into account acknowledged international guidelines, such as the International Search and Rescue Advisory Group (INSARAG) guidelines:—search with search dogs and/or technical search equipment,—rescue, including lifting,—cutting concrete,—technical rope,—basic shoring,—hazmat detection and isolation(2),—advanced life support(3).—Ability to work on one site 24 hours per day for 7 days. — The module shall have the ability to perform the following, taking into account acknowledged international guidelines, such as the International Search and Rescue Advisory Group (INSARAG) guidelines:—search with search dogs and/or technical search equipment,—rescue, including lifting,—cutting concrete,—technical rope,—basic shoring,—hazmat detection and isolation(2),—advanced life support(3). — search with search dogs and/or technical search equipment, — rescue, including lifting, — cutting concrete, — technical rope, — basic shoring, — hazmat detection and isolation(2), — advanced life support(3). — Ability to work on one site 24 hours per day for 7 days.
— The module shall have the ability to perform the following, taking into account acknowledged international guidelines, such as the International Search and Rescue Advisory Group (INSARAG) guidelines:—search with search dogs and/or technical search equipment,—rescue, including lifting,—cutting concrete,—technical rope,—basic shoring,—hazmat detection and isolation(2),—advanced life support(3). — search with search dogs and/or technical search equipment, — rescue, including lifting, — cutting concrete, — technical rope, — basic shoring, — hazmat detection and isolation(2), — advanced life support(3).
— search with search dogs and/or technical search equipment,
— rescue, including lifting,
— cutting concrete,
— technical rope,
— basic shoring,
— hazmat detection and isolation(2),
— advanced life support(3).
— Ability to work on one site 24 hours per day for 7 days.
Main components —Management (command, liaison/coordination, planning, media/reporting, assessment/analysis, safety/security).—Search (technical search and/or canine search, hazmat detection, hazmat isolation).—Rescue (breaking and breaching, cutting, lifting and moving, shoring, technical rope).—Medical, including care of patients and of the team's personnel and search dogs. — Management (command, liaison/coordination, planning, media/reporting, assessment/analysis, safety/security). — Search (technical search and/or canine search, hazmat detection, hazmat isolation). — Rescue (breaking and breaching, cutting, lifting and moving, shoring, technical rope). — Medical, including care of patients and of the team's personnel and search dogs.
— Management (command, liaison/coordination, planning, media/reporting, assessment/analysis, safety/security).
— Search (technical search and/or canine search, hazmat detection, hazmat isolation).
— Rescue (breaking and breaching, cutting, lifting and moving, shoring, technical rope).
— Medical, including care of patients and of the team's personnel and search dogs.
Self-sufficiency —At least 7 days of operations.—Article 12 applies. — At least 7 days of operations. — Article 12 applies.
— At least 7 days of operations.
— Article 12 applies.
Deployment —Operational in the affected country within 32 hours. — Operational in the affected country within 32 hours.
— Operational in the affected country within 32 hours.
— Search for, locate and rescue victims(1)located under debris (such as collapsed buildings and transport incidents).
— Provide lifesaving first aid as required, until handover for further treatment.
— The module shall have the ability to perform the following, taking into account acknowledged international guidelines, such as the International Search and Rescue Advisory Group (INSARAG) guidelines:—search with search dogs and/or technical search equipment,—rescue, including lifting,—cutting concrete,—technical rope,—basic shoring,—hazmat detection and isolation(2),—advanced life support(3). — search with search dogs and/or technical search equipment, — rescue, including lifting, — cutting concrete, — technical rope, — basic shoring, — hazmat detection and isolation(2), — advanced life support(3).
— search with search dogs and/or technical search equipment,
— rescue, including lifting,
— cutting concrete,
— technical rope,
— basic shoring,
— hazmat detection and isolation(2),
— advanced life support(3).
— search with search dogs and/or technical search equipment,
— rescue, including lifting,
— cutting concrete,
— technical rope,
— basic shoring,
— hazmat detection and isolation(2),
— advanced life support(3).
— Ability to work on one site 24 hours per day for 7 days.
— Management (command, liaison/coordination, planning, media/reporting, assessment/analysis, safety/security).
— Search (technical search and/or canine search, hazmat detection, hazmat isolation).
— Rescue (breaking and breaching, cutting, lifting and moving, shoring, technical rope).
— Medical, including care of patients and of the team's personnel and search dogs.
— At least 7 days of operations.
— Article 12 applies.
— Operational in the affected country within 32 hours.
Tasks —Search for, locate and rescue victims(4)located under debris (such as collapsed buildings and transport incidents).—Provide lifesaving first aid as required, until handover for further treatment. — Search for, locate and rescue victims(4)located under debris (such as collapsed buildings and transport incidents). — Provide lifesaving first aid as required, until handover for further treatment.
— Search for, locate and rescue victims(4)located under debris (such as collapsed buildings and transport incidents).
— Provide lifesaving first aid as required, until handover for further treatment.
Capacities —The module shall have the ability to perform the following, taking into account acknowledged international guidelines, such as the INSARAG guidelines:—search with search dogs and technical search equipment,—rescue, including heavy lifting,—cutting reinforced concrete and structural steel,—technical rope,—advanced shoring,—hazmat detection and isolation(5),—advanced life support(6).—Ability to work 24 hours per day on more than one site for 10 days. — The module shall have the ability to perform the following, taking into account acknowledged international guidelines, such as the INSARAG guidelines:—search with search dogs and technical search equipment,—rescue, including heavy lifting,—cutting reinforced concrete and structural steel,—technical rope,—advanced shoring,—hazmat detection and isolation(5),—advanced life support(6). — search with search dogs and technical search equipment, — rescue, including heavy lifting, — cutting reinforced concrete and structural steel, — technical rope, — advanced shoring, — hazmat detection and isolation(5), — advanced life support(6). — Ability to work 24 hours per day on more than one site for 10 days.
— The module shall have the ability to perform the following, taking into account acknowledged international guidelines, such as the INSARAG guidelines:—search with search dogs and technical search equipment,—rescue, including heavy lifting,—cutting reinforced concrete and structural steel,—technical rope,—advanced shoring,—hazmat detection and isolation(5),—advanced life support(6). — search with search dogs and technical search equipment, — rescue, including heavy lifting, — cutting reinforced concrete and structural steel, — technical rope, — advanced shoring, — hazmat detection and isolation(5), — advanced life support(6).
— search with search dogs and technical search equipment,
— rescue, including heavy lifting,
— cutting reinforced concrete and structural steel,
— technical rope,
— advanced shoring,
— hazmat detection and isolation(5),
— advanced life support(6).
— Ability to work 24 hours per day on more than one site for 10 days.
Main components —Management (command, liaison/coordination, planning, media/reporting, assessment/analysis, safety/security).—Search (technical search, canine search, hazmat detection, hazmat isolation).—Rescue (breaking and breaching, cutting, lifting and moving, shoring, technical rope).—Medical, including care of patients and of the team's personnel and search dogs(7). — Management (command, liaison/coordination, planning, media/reporting, assessment/analysis, safety/security). — Search (technical search, canine search, hazmat detection, hazmat isolation). — Rescue (breaking and breaching, cutting, lifting and moving, shoring, technical rope). — Medical, including care of patients and of the team's personnel and search dogs(7).
— Management (command, liaison/coordination, planning, media/reporting, assessment/analysis, safety/security).
— Search (technical search, canine search, hazmat detection, hazmat isolation).
— Rescue (breaking and breaching, cutting, lifting and moving, shoring, technical rope).
— Medical, including care of patients and of the team's personnel and search dogs(7).
Self-sufficiency —At least 10 days of operation.—Article 12 applies. — At least 10 days of operation. — Article 12 applies.
— At least 10 days of operation.
— Article 12 applies.
Deployment —Operational in the affected country within 48 hours. — Operational in the affected country within 48 hours.
— Operational in the affected country within 48 hours.
— Search for, locate and rescue victims(4)located under debris (such as collapsed buildings and transport incidents).
— Provide lifesaving first aid as required, until handover for further treatment.
— The module shall have the ability to perform the following, taking into account acknowledged international guidelines, such as the INSARAG guidelines:—search with search dogs and technical search equipment,—rescue, including heavy lifting,—cutting reinforced concrete and structural steel,—technical rope,—advanced shoring,—hazmat detection and isolation(5),—advanced life support(6). — search with search dogs and technical search equipment, — rescue, including heavy lifting, — cutting reinforced concrete and structural steel, — technical rope, — advanced shoring, — hazmat detection and isolation(5), — advanced life support(6).
— search with search dogs and technical search equipment,
— rescue, including heavy lifting,
— cutting reinforced concrete and structural steel,
— technical rope,
— advanced shoring,
— hazmat detection and isolation(5),
— advanced life support(6).
— search with search dogs and technical search equipment,
— rescue, including heavy lifting,
— cutting reinforced concrete and structural steel,
— technical rope,
— advanced shoring,
— hazmat detection and isolation(5),
— advanced life support(6).
— Ability to work 24 hours per day on more than one site for 10 days.
— Management (command, liaison/coordination, planning, media/reporting, assessment/analysis, safety/security).
— Search (technical search, canine search, hazmat detection, hazmat isolation).
— Rescue (breaking and breaching, cutting, lifting and moving, shoring, technical rope).
— Medical, including care of patients and of the team's personnel and search dogs(7).
— At least 10 days of operation.
— Article 12 applies.
— Operational in the affected country within 48 hours.
Tasks —Contribute to the extinction of large forest and vegetal fires by performing aerial firefighting. — Contribute to the extinction of large forest and vegetal fires by performing aerial firefighting.
— Contribute to the extinction of large forest and vegetal fires by performing aerial firefighting.
Capacities —Three helicopters with a capacity of 1 000 litres each.—Ability to perform continuous operations. — Three helicopters with a capacity of 1 000 litres each. — Ability to perform continuous operations.
— Three helicopters with a capacity of 1 000 litres each.
— Ability to perform continuous operations.
Main components —Three helicopters with crew, to guarantee that at least two helicopters are operational at any time.—Technical staff.—4 water buckets or 3 releasing kits.—1 maintenance set.—1 spare parts set.—2 rescue hoists.—Communication equipment. — Three helicopters with crew, to guarantee that at least two helicopters are operational at any time. — Technical staff. — 4 water buckets or 3 releasing kits. — 1 maintenance set. — 1 spare parts set. — 2 rescue hoists. — Communication equipment.
— Three helicopters with crew, to guarantee that at least two helicopters are operational at any time.
— Technical staff.
— 4 water buckets or 3 releasing kits.
— 1 maintenance set.
— 1 spare parts set.
— 2 rescue hoists.
— Communication equipment.
Self-sufficiency —Elements (f) and (g) of Article 12(1) apply. — Elements (f) and (g) of Article 12(1) apply.
— Elements (f) and (g) of Article 12(1) apply.
Deployment —Availability for departure maximum 3 hours after the acceptance of the offer. — Availability for departure maximum 3 hours after the acceptance of the offer.
— Availability for departure maximum 3 hours after the acceptance of the offer.
— Contribute to the extinction of large forest and vegetal fires by performing aerial firefighting.
— Three helicopters with a capacity of 1 000 litres each.
— Ability to perform continuous operations.
— Three helicopters with crew, to guarantee that at least two helicopters are operational at any time.
— Technical staff.
— 4 water buckets or 3 releasing kits.
— 1 maintenance set.
— 1 spare parts set.
— 2 rescue hoists.
— Communication equipment.
— Elements (f) and (g) of Article 12(1) apply.
— Availability for departure maximum 3 hours after the acceptance of the offer.
Tasks —Contribute to the extinction of large forest and vegetal fires by performing aerial firefighting. — Contribute to the extinction of large forest and vegetal fires by performing aerial firefighting.
— Contribute to the extinction of large forest and vegetal fires by performing aerial firefighting.
Capacities —Two airplanes with a capacity of 3 000 litres each.—Ability to perform continuous operations. — Two airplanes with a capacity of 3 000 litres each. — Ability to perform continuous operations.
— Two airplanes with a capacity of 3 000 litres each.
— Ability to perform continuous operations.
Main components —Two planes.—Minimum of four crews.—Technical staff.—Field maintenance kit.—Communication equipment. — Two planes. — Minimum of four crews. — Technical staff. — Field maintenance kit. — Communication equipment.
— Two planes.
— Minimum of four crews.
— Technical staff.
— Field maintenance kit.
— Communication equipment.
Self-sufficiency —Elements (f) and (g) of Article 12(1) apply. — Elements (f) and (g) of Article 12(1) apply.
— Elements (f) and (g) of Article 12(1) apply.
Deployment —Availability for departure maximum 3 hours after the acceptance of the offer. — Availability for departure maximum 3 hours after the acceptance of the offer.
— Availability for departure maximum 3 hours after the acceptance of the offer.
— Contribute to the extinction of large forest and vegetal fires by performing aerial firefighting.
— Two airplanes with a capacity of 3 000 litres each.
— Ability to perform continuous operations.
— Two planes.
— Minimum of four crews.
— Technical staff.
— Field maintenance kit.
— Communication equipment.
— Elements (f) and (g) of Article 12(1) apply.
— Availability for departure maximum 3 hours after the acceptance of the offer.
Tasks —Perform patient profiling (triage) on the site of the disaster.—Stabilise the condition of and prepare the patient for transport to the most suitable health facility for final treatment. — Perform patient profiling (triage) on the site of the disaster. — Stabilise the condition of and prepare the patient for transport to the most suitable health facility for final treatment.
— Perform patient profiling (triage) on the site of the disaster.
— Stabilise the condition of and prepare the patient for transport to the most suitable health facility for final treatment.
Capacities —Perform triage of at least 20 patients per hour.—Medical team capable of stabilising 50 patients per 24 hours of activity, working in two shifts.—Availability of supplies for the treatment of 100 patients with minor injuries per 24 hours. — Perform triage of at least 20 patients per hour. — Medical team capable of stabilising 50 patients per 24 hours of activity, working in two shifts. — Availability of supplies for the treatment of 100 patients with minor injuries per 24 hours.
— Perform triage of at least 20 patients per hour.
— Medical team capable of stabilising 50 patients per 24 hours of activity, working in two shifts.
— Availability of supplies for the treatment of 100 patients with minor injuries per 24 hours.
Main components —Medical team per 12-hour shift:—triage: 1 nurse and/or 1 doctor,—intensive care: 1 doctor and 1 nurse,—serious, but not life-threatening injuries: 1 doctor and 2 nurses,—evacuation: 1 nurse,—specialised support personnel: 4.—Tents:—tent(s) with interconnected areas for triage, medical care and evacuation,—tent(s) for the personnel.—Command post.—Logistic and medical supply deposit. — Medical team per 12-hour shift:—triage: 1 nurse and/or 1 doctor,—intensive care: 1 doctor and 1 nurse,—serious, but not life-threatening injuries: 1 doctor and 2 nurses,—evacuation: 1 nurse,—specialised support personnel: 4. — triage: 1 nurse and/or 1 doctor, — intensive care: 1 doctor and 1 nurse, — serious, but not life-threatening injuries: 1 doctor and 2 nurses, — evacuation: 1 nurse, — specialised support personnel: 4. — Tents:—tent(s) with interconnected areas for triage, medical care and evacuation,—tent(s) for the personnel. — tent(s) with interconnected areas for triage, medical care and evacuation, — tent(s) for the personnel. — Command post. — Logistic and medical supply deposit.
— Medical team per 12-hour shift:—triage: 1 nurse and/or 1 doctor,—intensive care: 1 doctor and 1 nurse,—serious, but not life-threatening injuries: 1 doctor and 2 nurses,—evacuation: 1 nurse,—specialised support personnel: 4. — triage: 1 nurse and/or 1 doctor, — intensive care: 1 doctor and 1 nurse, — serious, but not life-threatening injuries: 1 doctor and 2 nurses, — evacuation: 1 nurse, — specialised support personnel: 4.
— triage: 1 nurse and/or 1 doctor,
— intensive care: 1 doctor and 1 nurse,
— serious, but not life-threatening injuries: 1 doctor and 2 nurses,
— evacuation: 1 nurse,
— specialised support personnel: 4.
— Tents:—tent(s) with interconnected areas for triage, medical care and evacuation,—tent(s) for the personnel. — tent(s) with interconnected areas for triage, medical care and evacuation, — tent(s) for the personnel.
— tent(s) with interconnected areas for triage, medical care and evacuation,
— tent(s) for the personnel.
— Command post.
— Logistic and medical supply deposit.
Self-sufficiency —Article 12 applies. — Article 12 applies.
— Article 12 applies.
Deployment —Availability for departure maximum 12 hours after the acceptance of the offer.—Operational 1 hour after arrival on site. — Availability for departure maximum 12 hours after the acceptance of the offer. — Operational 1 hour after arrival on site.
— Availability for departure maximum 12 hours after the acceptance of the offer.
— Operational 1 hour after arrival on site.
— Perform patient profiling (triage) on the site of the disaster.
— Stabilise the condition of and prepare the patient for transport to the most suitable health facility for final treatment.
— Perform triage of at least 20 patients per hour.
— Medical team capable of stabilising 50 patients per 24 hours of activity, working in two shifts.
— Availability of supplies for the treatment of 100 patients with minor injuries per 24 hours.
— Medical team per 12-hour shift:—triage: 1 nurse and/or 1 doctor,—intensive care: 1 doctor and 1 nurse,—serious, but not life-threatening injuries: 1 doctor and 2 nurses,—evacuation: 1 nurse,—specialised support personnel: 4. — triage: 1 nurse and/or 1 doctor, — intensive care: 1 doctor and 1 nurse, — serious, but not life-threatening injuries: 1 doctor and 2 nurses, — evacuation: 1 nurse, — specialised support personnel: 4.
— triage: 1 nurse and/or 1 doctor,
— intensive care: 1 doctor and 1 nurse,
— serious, but not life-threatening injuries: 1 doctor and 2 nurses,
— evacuation: 1 nurse,
— specialised support personnel: 4.
— triage: 1 nurse and/or 1 doctor,
— intensive care: 1 doctor and 1 nurse,
— serious, but not life-threatening injuries: 1 doctor and 2 nurses,
— evacuation: 1 nurse,
— specialised support personnel: 4.
— Tents:—tent(s) with interconnected areas for triage, medical care and evacuation,—tent(s) for the personnel. — tent(s) with interconnected areas for triage, medical care and evacuation, — tent(s) for the personnel.
— tent(s) with interconnected areas for triage, medical care and evacuation,
— tent(s) for the personnel.
— tent(s) with interconnected areas for triage, medical care and evacuation,
— tent(s) for the personnel.
— Command post.
— Logistic and medical supply deposit.
— Article 12 applies.
— Availability for departure maximum 12 hours after the acceptance of the offer.
— Operational 1 hour after arrival on site.
Tasks —Perform patient profiling (triage) on the site of the disaster.—Perform damage control surgery.—Stabilise the condition of and prepare the patients for transport to the most suitable health facility for final treatment. — Perform patient profiling (triage) on the site of the disaster. — Perform damage control surgery. — Stabilise the condition of and prepare the patients for transport to the most suitable health facility for final treatment.
— Perform patient profiling (triage) on the site of the disaster.
— Perform damage control surgery.
— Stabilise the condition of and prepare the patients for transport to the most suitable health facility for final treatment.
Capacities —Perform triage for at least 20 patients per hour.—Medical team capable of stabilising 50 patients per 24 hours of activity, working in two shifts.—Surgery team capable of damage control surgery for 12 patients per 24 hours of activity, working in two shifts.—Availability of supplies for the treatment of 100 patients with minor injuries per 24 hours. — Perform triage for at least 20 patients per hour. — Medical team capable of stabilising 50 patients per 24 hours of activity, working in two shifts. — Surgery team capable of damage control surgery for 12 patients per 24 hours of activity, working in two shifts. — Availability of supplies for the treatment of 100 patients with minor injuries per 24 hours.
— Perform triage for at least 20 patients per hour.
— Medical team capable of stabilising 50 patients per 24 hours of activity, working in two shifts.
— Surgery team capable of damage control surgery for 12 patients per 24 hours of activity, working in two shifts.
— Availability of supplies for the treatment of 100 patients with minor injuries per 24 hours.
Main components —Medical team per 12-hour shift:—triage: 1 nurse and/or 1 doctor,—intensive care: 1 doctor and 1 nurse,—surgery: 3 surgeons, 2 operating nurses, 1 anaesthetist, 1 anaesthetist nurse,—serious, but not life-threatening injuries: 1 doctor and 2 nurses,—evacuation: 1 nurse,—specialist support personnel: 4.—Tents:—tent(s) with interconnected areas for triage, medical care and evacuation,—tent(s) for surgery,—tent(s) for the personnel.—Command post.—Logistic and medical supply deposit. — Medical team per 12-hour shift:—triage: 1 nurse and/or 1 doctor,—intensive care: 1 doctor and 1 nurse,—surgery: 3 surgeons, 2 operating nurses, 1 anaesthetist, 1 anaesthetist nurse,—serious, but not life-threatening injuries: 1 doctor and 2 nurses,—evacuation: 1 nurse,—specialist support personnel: 4. — triage: 1 nurse and/or 1 doctor, — intensive care: 1 doctor and 1 nurse, — surgery: 3 surgeons, 2 operating nurses, 1 anaesthetist, 1 anaesthetist nurse, — serious, but not life-threatening injuries: 1 doctor and 2 nurses, — evacuation: 1 nurse, — specialist support personnel: 4. — Tents:—tent(s) with interconnected areas for triage, medical care and evacuation,—tent(s) for surgery,—tent(s) for the personnel. — tent(s) with interconnected areas for triage, medical care and evacuation, — tent(s) for surgery, — tent(s) for the personnel. — Command post. — Logistic and medical supply deposit.
— Medical team per 12-hour shift:—triage: 1 nurse and/or 1 doctor,—intensive care: 1 doctor and 1 nurse,—surgery: 3 surgeons, 2 operating nurses, 1 anaesthetist, 1 anaesthetist nurse,—serious, but not life-threatening injuries: 1 doctor and 2 nurses,—evacuation: 1 nurse,—specialist support personnel: 4. — triage: 1 nurse and/or 1 doctor, — intensive care: 1 doctor and 1 nurse, — surgery: 3 surgeons, 2 operating nurses, 1 anaesthetist, 1 anaesthetist nurse, — serious, but not life-threatening injuries: 1 doctor and 2 nurses, — evacuation: 1 nurse, — specialist support personnel: 4.
— triage: 1 nurse and/or 1 doctor,
— intensive care: 1 doctor and 1 nurse,
— surgery: 3 surgeons, 2 operating nurses, 1 anaesthetist, 1 anaesthetist nurse,
— serious, but not life-threatening injuries: 1 doctor and 2 nurses,
— evacuation: 1 nurse,
— specialist support personnel: 4.
— Tents:—tent(s) with interconnected areas for triage, medical care and evacuation,—tent(s) for surgery,—tent(s) for the personnel. — tent(s) with interconnected areas for triage, medical care and evacuation, — tent(s) for surgery, — tent(s) for the personnel.
— tent(s) with interconnected areas for triage, medical care and evacuation,
— tent(s) for surgery,
— tent(s) for the personnel.
— Command post.
— Logistic and medical supply deposit.
Self-sufficiency —Article 12 applies. — Article 12 applies.
— Article 12 applies.
Deployment —Availability for departure maximum 12 hours after the acceptance of the offer.—Operational 1 hour after arrival on site. — Availability for departure maximum 12 hours after the acceptance of the offer. — Operational 1 hour after arrival on site.
— Availability for departure maximum 12 hours after the acceptance of the offer.
— Operational 1 hour after arrival on site.
— Perform patient profiling (triage) on the site of the disaster.
— Perform damage control surgery.
— Stabilise the condition of and prepare the patients for transport to the most suitable health facility for final treatment.
— Perform triage for at least 20 patients per hour.
— Medical team capable of stabilising 50 patients per 24 hours of activity, working in two shifts.
— Surgery team capable of damage control surgery for 12 patients per 24 hours of activity, working in two shifts.
— Availability of supplies for the treatment of 100 patients with minor injuries per 24 hours.
— Medical team per 12-hour shift:—triage: 1 nurse and/or 1 doctor,—intensive care: 1 doctor and 1 nurse,—surgery: 3 surgeons, 2 operating nurses, 1 anaesthetist, 1 anaesthetist nurse,—serious, but not life-threatening injuries: 1 doctor and 2 nurses,—evacuation: 1 nurse,—specialist support personnel: 4. — triage: 1 nurse and/or 1 doctor, — intensive care: 1 doctor and 1 nurse, — surgery: 3 surgeons, 2 operating nurses, 1 anaesthetist, 1 anaesthetist nurse, — serious, but not life-threatening injuries: 1 doctor and 2 nurses, — evacuation: 1 nurse, — specialist support personnel: 4.
— triage: 1 nurse and/or 1 doctor,
— intensive care: 1 doctor and 1 nurse,
— surgery: 3 surgeons, 2 operating nurses, 1 anaesthetist, 1 anaesthetist nurse,
— serious, but not life-threatening injuries: 1 doctor and 2 nurses,
— evacuation: 1 nurse,
— specialist support personnel: 4.
— triage: 1 nurse and/or 1 doctor,
— intensive care: 1 doctor and 1 nurse,
— surgery: 3 surgeons, 2 operating nurses, 1 anaesthetist, 1 anaesthetist nurse,
— serious, but not life-threatening injuries: 1 doctor and 2 nurses,
— evacuation: 1 nurse,
— specialist support personnel: 4.
— Tents:—tent(s) with interconnected areas for triage, medical care and evacuation,—tent(s) for surgery,—tent(s) for the personnel. — tent(s) with interconnected areas for triage, medical care and evacuation, — tent(s) for surgery, — tent(s) for the personnel.
— tent(s) with interconnected areas for triage, medical care and evacuation,
— tent(s) for surgery,
— tent(s) for the personnel.
— tent(s) with interconnected areas for triage, medical care and evacuation,
— tent(s) for surgery,
— tent(s) for the personnel.
— Command post.
— Logistic and medical supply deposit.
— Article 12 applies.
— Availability for departure maximum 12 hours after the acceptance of the offer.
— Operational 1 hour after arrival on site.
Tasks —Provide initial and/or follow-up trauma and medical care, taking into account acknowledged international guidelines for foreign field hospital use, such as World Health Organisation or Red Cross guidelines. — Provide initial and/or follow-up trauma and medical care, taking into account acknowledged international guidelines for foreign field hospital use, such as World Health Organisation or Red Cross guidelines.
— Provide initial and/or follow-up trauma and medical care, taking into account acknowledged international guidelines for foreign field hospital use, such as World Health Organisation or Red Cross guidelines.
Capacities —10 beds for heavy trauma patients, possibility to expand the capacity. — 10 beds for heavy trauma patients, possibility to expand the capacity.
— 10 beds for heavy trauma patients, possibility to expand the capacity.
Main components —Medical team for:—triage,—intensive care,—surgery,—serious, but not life-threatening injuries,—evacuation,—specialised support personnel,—and at least covering the following: generalist, emergency doctors, orthopaedic, paediatrician, anaesthetist, pharmacist, obstetrician, health director, laboratory technician, X-ray technician.—Tents:—appropriate tents for the medical activities,—tents for personnel.—Command post.—Logistic and medical supply deposit. — Medical team for:—triage,—intensive care,—surgery,—serious, but not life-threatening injuries,—evacuation,—specialised support personnel,—and at least covering the following: generalist, emergency doctors, orthopaedic, paediatrician, anaesthetist, pharmacist, obstetrician, health director, laboratory technician, X-ray technician. — triage, — intensive care, — surgery, — serious, but not life-threatening injuries, — evacuation, — specialised support personnel, — and at least covering the following: generalist, emergency doctors, orthopaedic, paediatrician, anaesthetist, pharmacist, obstetrician, health director, laboratory technician, X-ray technician. — Tents:—appropriate tents for the medical activities,—tents for personnel. — appropriate tents for the medical activities, — tents for personnel. — Command post. — Logistic and medical supply deposit.
— Medical team for:—triage,—intensive care,—surgery,—serious, but not life-threatening injuries,—evacuation,—specialised support personnel,—and at least covering the following: generalist, emergency doctors, orthopaedic, paediatrician, anaesthetist, pharmacist, obstetrician, health director, laboratory technician, X-ray technician. — triage, — intensive care, — surgery, — serious, but not life-threatening injuries, — evacuation, — specialised support personnel, — and at least covering the following: generalist, emergency doctors, orthopaedic, paediatrician, anaesthetist, pharmacist, obstetrician, health director, laboratory technician, X-ray technician.
— triage,
— intensive care,
— surgery,
— serious, but not life-threatening injuries,
— evacuation,
— specialised support personnel,
— and at least covering the following: generalist, emergency doctors, orthopaedic, paediatrician, anaesthetist, pharmacist, obstetrician, health director, laboratory technician, X-ray technician.
— Tents:—appropriate tents for the medical activities,—tents for personnel. — appropriate tents for the medical activities, — tents for personnel.
— appropriate tents for the medical activities,
— tents for personnel.
— Command post.
— Logistic and medical supply deposit.
Self-sufficiency —Article 12 applies. — Article 12 applies.
— Article 12 applies.
Deployment —Availability for departure maximum 7 days after the request.—Operational on site 12 hours after arrival on site.—Ability to be operational for at least 15 days. — Availability for departure maximum 7 days after the request. — Operational on site 12 hours after arrival on site. — Ability to be operational for at least 15 days.
— Availability for departure maximum 7 days after the request.
— Operational on site 12 hours after arrival on site.
— Ability to be operational for at least 15 days.
— Provide initial and/or follow-up trauma and medical care, taking into account acknowledged international guidelines for foreign field hospital use, such as World Health Organisation or Red Cross guidelines.
— 10 beds for heavy trauma patients, possibility to expand the capacity.
— Medical team for:—triage,—intensive care,—surgery,—serious, but not life-threatening injuries,—evacuation,—specialised support personnel,—and at least covering the following: generalist, emergency doctors, orthopaedic, paediatrician, anaesthetist, pharmacist, obstetrician, health director, laboratory technician, X-ray technician. — triage, — intensive care, — surgery, — serious, but not life-threatening injuries, — evacuation, — specialised support personnel, — and at least covering the following: generalist, emergency doctors, orthopaedic, paediatrician, anaesthetist, pharmacist, obstetrician, health director, laboratory technician, X-ray technician.
— triage,
— intensive care,
— surgery,
— serious, but not life-threatening injuries,
— evacuation,
— specialised support personnel,
— and at least covering the following: generalist, emergency doctors, orthopaedic, paediatrician, anaesthetist, pharmacist, obstetrician, health director, laboratory technician, X-ray technician.
— triage,
— intensive care,
— surgery,
— serious, but not life-threatening injuries,
— evacuation,
— specialised support personnel,
— and at least covering the following: generalist, emergency doctors, orthopaedic, paediatrician, anaesthetist, pharmacist, obstetrician, health director, laboratory technician, X-ray technician.
— Tents:—appropriate tents for the medical activities,—tents for personnel. — appropriate tents for the medical activities, — tents for personnel.
— appropriate tents for the medical activities,
— tents for personnel.
— appropriate tents for the medical activities,
— tents for personnel.
— Command post.
— Logistic and medical supply deposit.
— Article 12 applies.
— Availability for departure maximum 7 days after the request.
— Operational on site 12 hours after arrival on site.
— Ability to be operational for at least 15 days.
Tasks —Transport disaster victims to health facilities for medical treatment. — Transport disaster victims to health facilities for medical treatment.
— Transport disaster victims to health facilities for medical treatment.
Capacities —Capacity to transport 50 patients per 24 hour.—Ability to fly day and night. — Capacity to transport 50 patients per 24 hour. — Ability to fly day and night.
— Capacity to transport 50 patients per 24 hour.
— Ability to fly day and night.
Main components —Helicopters/planes with stretchers — Helicopters/planes with stretchers
— Helicopters/planes with stretchers
Self-sufficiency —Elements (f) and (g) of Article 12(1) apply. — Elements (f) and (g) of Article 12(1) apply.
— Elements (f) and (g) of Article 12(1) apply.
Deployment —Availability for departure maximum 12 hours after the acceptance of the offer. — Availability for departure maximum 12 hours after the acceptance of the offer.
— Availability for departure maximum 12 hours after the acceptance of the offer.
— Transport disaster victims to health facilities for medical treatment.
— Capacity to transport 50 patients per 24 hour.
— Ability to fly day and night.
— Helicopters/planes with stretchers
— Elements (f) and (g) of Article 12(1) apply.
— Availability for departure maximum 12 hours after the acceptance of the offer.
Tasks —Provide emergency temporary shelter, including staff to assemble the camp, mainly in the initial stages of a disaster in coordination with existing structures, local authorities and international organisations until handover to local authorities or humanitarian organisations, where the capacity remains necessary for longer periods.—Where a handover takes place, train the relevant personnel (local and/or international) before the pull out of the module. — Provide emergency temporary shelter, including staff to assemble the camp, mainly in the initial stages of a disaster in coordination with existing structures, local authorities and international organisations until handover to local authorities or humanitarian organisations, where the capacity remains necessary for longer periods. — Where a handover takes place, train the relevant personnel (local and/or international) before the pull out of the module.
— Provide emergency temporary shelter, including staff to assemble the camp, mainly in the initial stages of a disaster in coordination with existing structures, local authorities and international organisations until handover to local authorities or humanitarian organisations, where the capacity remains necessary for longer periods.
— Where a handover takes place, train the relevant personnel (local and/or international) before the pull out of the module.
Capacities —Tent camp equipped for 250 persons (50 tents). — Tent camp equipped for 250 persons (50 tents).
— Tent camp equipped for 250 persons (50 tents).
Main components —Taking into account acknowledged international and EU guidelines,:—tents with heating (for winter conditions) and camp beds with sleeping-bag and/or blanket,—power generators and lighting equipment,—sanitation and hygiene facilities,—distribution of drinkable water, according to the WHO standard,—shelter for basic social activities (possibility to assemble). — Taking into account acknowledged international and EU guidelines,:—tents with heating (for winter conditions) and camp beds with sleeping-bag and/or blanket,—power generators and lighting equipment,—sanitation and hygiene facilities,—distribution of drinkable water, according to the WHO standard,—shelter for basic social activities (possibility to assemble). — tents with heating (for winter conditions) and camp beds with sleeping-bag and/or blanket, — power generators and lighting equipment, — sanitation and hygiene facilities, — distribution of drinkable water, according to the WHO standard, — shelter for basic social activities (possibility to assemble).
— Taking into account acknowledged international and EU guidelines,:—tents with heating (for winter conditions) and camp beds with sleeping-bag and/or blanket,—power generators and lighting equipment,—sanitation and hygiene facilities,—distribution of drinkable water, according to the WHO standard,—shelter for basic social activities (possibility to assemble). — tents with heating (for winter conditions) and camp beds with sleeping-bag and/or blanket, — power generators and lighting equipment, — sanitation and hygiene facilities, — distribution of drinkable water, according to the WHO standard, — shelter for basic social activities (possibility to assemble).
— tents with heating (for winter conditions) and camp beds with sleeping-bag and/or blanket,
— power generators and lighting equipment,
— sanitation and hygiene facilities,
— distribution of drinkable water, according to the WHO standard,
— shelter for basic social activities (possibility to assemble).
Self-sufficiency —Article 12 applies. — Article 12 applies.
— Article 12 applies.
Deployment —Availability for departure maximum 12 hours after the acceptance of the offer.—Generally, the mission shall last at most 4-6 weeks, or a handover process would have begun where necessary. — Availability for departure maximum 12 hours after the acceptance of the offer. — Generally, the mission shall last at most 4-6 weeks, or a handover process would have begun where necessary.
— Availability for departure maximum 12 hours after the acceptance of the offer.
— Generally, the mission shall last at most 4-6 weeks, or a handover process would have begun where necessary.
— Provide emergency temporary shelter, including staff to assemble the camp, mainly in the initial stages of a disaster in coordination with existing structures, local authorities and international organisations until handover to local authorities or humanitarian organisations, where the capacity remains necessary for longer periods.
— Where a handover takes place, train the relevant personnel (local and/or international) before the pull out of the module.
— Tent camp equipped for 250 persons (50 tents).
— Taking into account acknowledged international and EU guidelines,:—tents with heating (for winter conditions) and camp beds with sleeping-bag and/or blanket,—power generators and lighting equipment,—sanitation and hygiene facilities,—distribution of drinkable water, according to the WHO standard,—shelter for basic social activities (possibility to assemble). — tents with heating (for winter conditions) and camp beds with sleeping-bag and/or blanket, — power generators and lighting equipment, — sanitation and hygiene facilities, — distribution of drinkable water, according to the WHO standard, — shelter for basic social activities (possibility to assemble).
— tents with heating (for winter conditions) and camp beds with sleeping-bag and/or blanket,
— power generators and lighting equipment,
— sanitation and hygiene facilities,
— distribution of drinkable water, according to the WHO standard,
— shelter for basic social activities (possibility to assemble).
— tents with heating (for winter conditions) and camp beds with sleeping-bag and/or blanket,
— power generators and lighting equipment,
— sanitation and hygiene facilities,
— distribution of drinkable water, according to the WHO standard,
— shelter for basic social activities (possibility to assemble).
— Article 12 applies.
— Availability for departure maximum 12 hours after the acceptance of the offer.
— Generally, the mission shall last at most 4-6 weeks, or a handover process would have begun where necessary.
Tasks —Carry out/confirm the initial assessment, including:—the description of the dangers or the risks,—the determination of the contaminated area,—the assessment or confirmation of the protective measures already taken.—Perform qualified sampling.—Mark the contaminated area.—Prediction of the situation, monitoring, dynamic assessment of the risks, including recommendations for warning and other measures.—Provide support for immediate risk reduction. — Carry out/confirm the initial assessment, including:—the description of the dangers or the risks,—the determination of the contaminated area,—the assessment or confirmation of the protective measures already taken. — the description of the dangers or the risks, — the determination of the contaminated area, — the assessment or confirmation of the protective measures already taken. — Perform qualified sampling. — Mark the contaminated area. — Prediction of the situation, monitoring, dynamic assessment of the risks, including recommendations for warning and other measures. — Provide support for immediate risk reduction.
— Carry out/confirm the initial assessment, including:—the description of the dangers or the risks,—the determination of the contaminated area,—the assessment or confirmation of the protective measures already taken. — the description of the dangers or the risks, — the determination of the contaminated area, — the assessment or confirmation of the protective measures already taken.
— the description of the dangers or the risks,
— the determination of the contaminated area,
— the assessment or confirmation of the protective measures already taken.
— Perform qualified sampling.
— Mark the contaminated area.
— Prediction of the situation, monitoring, dynamic assessment of the risks, including recommendations for warning and other measures.
— Provide support for immediate risk reduction.
Capacities —Identification of chemical and detection of radiological hazards through a combination of hand held, mobile and laboratory based equipment:—ability to detect alpha, beta and gamma radiation and to identify common isotopes,—ability to identify, and if possible, perform semi-quantitative analyses on common toxic industrial chemicals and recognised warfare agents.—Ability to gather, handle and prepare biological, chemical and radiological samples for further analyses elsewhere(8).—Ability to apply an appropriate scientific model to hazard prediction and to confirm the model by continuous monitoring.—Provide support for immediate risk reduction:—hazard containment,—hazard neutralisation,—provide technical support to other teams or modules. — Identification of chemical and detection of radiological hazards through a combination of hand held, mobile and laboratory based equipment:—ability to detect alpha, beta and gamma radiation and to identify common isotopes,—ability to identify, and if possible, perform semi-quantitative analyses on common toxic industrial chemicals and recognised warfare agents. — ability to detect alpha, beta and gamma radiation and to identify common isotopes, — ability to identify, and if possible, perform semi-quantitative analyses on common toxic industrial chemicals and recognised warfare agents. — Ability to gather, handle and prepare biological, chemical and radiological samples for further analyses elsewhere(8). — Ability to apply an appropriate scientific model to hazard prediction and to confirm the model by continuous monitoring. — Provide support for immediate risk reduction:—hazard containment,—hazard neutralisation,—provide technical support to other teams or modules. — hazard containment, — hazard neutralisation, — provide technical support to other teams or modules.
— Identification of chemical and detection of radiological hazards through a combination of hand held, mobile and laboratory based equipment:—ability to detect alpha, beta and gamma radiation and to identify common isotopes,—ability to identify, and if possible, perform semi-quantitative analyses on common toxic industrial chemicals and recognised warfare agents. — ability to detect alpha, beta and gamma radiation and to identify common isotopes, — ability to identify, and if possible, perform semi-quantitative analyses on common toxic industrial chemicals and recognised warfare agents.
— ability to detect alpha, beta and gamma radiation and to identify common isotopes,
— ability to identify, and if possible, perform semi-quantitative analyses on common toxic industrial chemicals and recognised warfare agents.
— Ability to gather, handle and prepare biological, chemical and radiological samples for further analyses elsewhere(8).
— Ability to apply an appropriate scientific model to hazard prediction and to confirm the model by continuous monitoring.
— Provide support for immediate risk reduction:—hazard containment,—hazard neutralisation,—provide technical support to other teams or modules. — hazard containment, — hazard neutralisation, — provide technical support to other teams or modules.
— hazard containment,
— hazard neutralisation,
— provide technical support to other teams or modules.
Main components —Mobile chemical and radiological field laboratory.—Hand held or mobile detection equipment.—Field sampling equipment.—Dispersion modelling systems.—Mobile meteorological station.—Marking material.—Reference documentation and access to designated sources of scientific expertise.—Secure and safe containment for the samples and waste.—Decontamination facilities for the personnel.—Appropriate personnel and protective equipment to sustain an operation in a contaminated and/or oxygen deficient environment, including gas tight suits where appropriate.—Supply of technical equipment for hazard containment and neutralisation. — Mobile chemical and radiological field laboratory. — Hand held or mobile detection equipment. — Field sampling equipment. — Dispersion modelling systems. — Mobile meteorological station. — Marking material. — Reference documentation and access to designated sources of scientific expertise. — Secure and safe containment for the samples and waste. — Decontamination facilities for the personnel. — Appropriate personnel and protective equipment to sustain an operation in a contaminated and/or oxygen deficient environment, including gas tight suits where appropriate. — Supply of technical equipment for hazard containment and neutralisation.
— Mobile chemical and radiological field laboratory.
— Hand held or mobile detection equipment.
— Field sampling equipment.
— Dispersion modelling systems.
— Mobile meteorological station.
— Marking material.
— Reference documentation and access to designated sources of scientific expertise.
— Secure and safe containment for the samples and waste.
— Decontamination facilities for the personnel.
— Appropriate personnel and protective equipment to sustain an operation in a contaminated and/or oxygen deficient environment, including gas tight suits where appropriate.
— Supply of technical equipment for hazard containment and neutralisation.
Self-sufficiency —Article 12 applies. — Article 12 applies.
— Article 12 applies.
Deployment —Availability for departure maximum 12 hours after the acceptance of the offer. — Availability for departure maximum 12 hours after the acceptance of the offer.
— Availability for departure maximum 12 hours after the acceptance of the offer.
— Carry out/confirm the initial assessment, including:—the description of the dangers or the risks,—the determination of the contaminated area,—the assessment or confirmation of the protective measures already taken. — the description of the dangers or the risks, — the determination of the contaminated area, — the assessment or confirmation of the protective measures already taken.
— the description of the dangers or the risks,
— the determination of the contaminated area,
— the assessment or confirmation of the protective measures already taken.
— the description of the dangers or the risks,
— the determination of the contaminated area,
— the assessment or confirmation of the protective measures already taken.
— Perform qualified sampling.
— Mark the contaminated area.
— Prediction of the situation, monitoring, dynamic assessment of the risks, including recommendations for warning and other measures.
— Provide support for immediate risk reduction.
— Identification of chemical and detection of radiological hazards through a combination of hand held, mobile and laboratory based equipment:—ability to detect alpha, beta and gamma radiation and to identify common isotopes,—ability to identify, and if possible, perform semi-quantitative analyses on common toxic industrial chemicals and recognised warfare agents. — ability to detect alpha, beta and gamma radiation and to identify common isotopes, — ability to identify, and if possible, perform semi-quantitative analyses on common toxic industrial chemicals and recognised warfare agents.
— ability to detect alpha, beta and gamma radiation and to identify common isotopes,
— ability to identify, and if possible, perform semi-quantitative analyses on common toxic industrial chemicals and recognised warfare agents.
— ability to detect alpha, beta and gamma radiation and to identify common isotopes,
— ability to identify, and if possible, perform semi-quantitative analyses on common toxic industrial chemicals and recognised warfare agents.
— Ability to gather, handle and prepare biological, chemical and radiological samples for further analyses elsewhere(8).
— Ability to apply an appropriate scientific model to hazard prediction and to confirm the model by continuous monitoring.
— Provide support for immediate risk reduction:—hazard containment,—hazard neutralisation,—provide technical support to other teams or modules. — hazard containment, — hazard neutralisation, — provide technical support to other teams or modules.
— hazard containment,
— hazard neutralisation,
— provide technical support to other teams or modules.
— hazard containment,
— hazard neutralisation,
— provide technical support to other teams or modules.
— Mobile chemical and radiological field laboratory.
— Hand held or mobile detection equipment.
— Field sampling equipment.
— Dispersion modelling systems.
— Mobile meteorological station.
— Marking material.
— Reference documentation and access to designated sources of scientific expertise.
— Secure and safe containment for the samples and waste.
— Decontamination facilities for the personnel.
— Appropriate personnel and protective equipment to sustain an operation in a contaminated and/or oxygen deficient environment, including gas tight suits where appropriate.
— Supply of technical equipment for hazard containment and neutralisation.
— Article 12 applies.
— Availability for departure maximum 12 hours after the acceptance of the offer.
Tasks —Special search and rescue using protective suits. — Special search and rescue using protective suits.
— Special search and rescue using protective suits.
Capacities —Special search and rescue using protective suits, in accordance with the requirements of the medium and heavy urban search and rescue modules as appropriate.—Three people working simultaneously in the hot zone.—Continuous intervention during 24 hours — Special search and rescue using protective suits, in accordance with the requirements of the medium and heavy urban search and rescue modules as appropriate. — Three people working simultaneously in the hot zone. — Continuous intervention during 24 hours
— Special search and rescue using protective suits, in accordance with the requirements of the medium and heavy urban search and rescue modules as appropriate.
— Three people working simultaneously in the hot zone.
— Continuous intervention during 24 hours
Main components —Marking material.—Secure and safe containment for the waste.—Decontamination facilities for the personnel and the rescued victims.—Appropriate personnel and protective equipment to sustain a search and rescue operation in a contaminated environment, in accordance with the requirements of the medium and heavy urban search and rescue modules as appropriate.—Supply of technical equipment for hazard containment and neutralisation. — Marking material. — Secure and safe containment for the waste. — Decontamination facilities for the personnel and the rescued victims. — Appropriate personnel and protective equipment to sustain a search and rescue operation in a contaminated environment, in accordance with the requirements of the medium and heavy urban search and rescue modules as appropriate. — Supply of technical equipment for hazard containment and neutralisation.
— Marking material.
— Secure and safe containment for the waste.
— Decontamination facilities for the personnel and the rescued victims.
— Appropriate personnel and protective equipment to sustain a search and rescue operation in a contaminated environment, in accordance with the requirements of the medium and heavy urban search and rescue modules as appropriate.
— Supply of technical equipment for hazard containment and neutralisation.
Self-sufficiency —Article 12 applies. — Article 12 applies.
— Article 12 applies.
Deployment —Availability for departure maximum 12 hours after the acceptance of the offer. — Availability for departure maximum 12 hours after the acceptance of the offer.
— Availability for departure maximum 12 hours after the acceptance of the offer.
— Special search and rescue using protective suits.
— Special search and rescue using protective suits, in accordance with the requirements of the medium and heavy urban search and rescue modules as appropriate.
— Three people working simultaneously in the hot zone.
— Continuous intervention during 24 hours
— Marking material.
— Secure and safe containment for the waste.
— Decontamination facilities for the personnel and the rescued victims.
— Appropriate personnel and protective equipment to sustain a search and rescue operation in a contaminated environment, in accordance with the requirements of the medium and heavy urban search and rescue modules as appropriate.
— Supply of technical equipment for hazard containment and neutralisation.
— Article 12 applies.
— Availability for departure maximum 12 hours after the acceptance of the offer.
Tasks —To contribute to the extinction of large forest and vegetal fires by using ground means. — To contribute to the extinction of large forest and vegetal fires by using ground means.
— To contribute to the extinction of large forest and vegetal fires by using ground means.
Capacities —Sufficient human resources for continuous operations during 7 days.—Ability to operate in areas with restricted access.—Ability to set long lines of hoses with pumps, minimum 2 km, and/or make defence lines continuously. — Sufficient human resources for continuous operations during 7 days. — Ability to operate in areas with restricted access. — Ability to set long lines of hoses with pumps, minimum 2 km, and/or make defence lines continuously.
— Sufficient human resources for continuous operations during 7 days.
— Ability to operate in areas with restricted access.
— Ability to set long lines of hoses with pumps, minimum 2 km, and/or make defence lines continuously.
Main components —Firefighters trained to fulfil the above mentioned task and with additional safety and security training taking into account the different types of fires that the module might be deployed for.—Manual tools for making defence lines.—Hoses, portable tanks and pumps for establishing a line.—Adaptors for hose connection including the Storz standard.—Water backpacks.—Equipment potentially to be roped or winched down by helicopter.—Evacuation procedures for the firefighters have to be arranged with the receiving state. — Firefighters trained to fulfil the above mentioned task and with additional safety and security training taking into account the different types of fires that the module might be deployed for. — Manual tools for making defence lines. — Hoses, portable tanks and pumps for establishing a line. — Adaptors for hose connection including the Storz standard. — Water backpacks. — Equipment potentially to be roped or winched down by helicopter. — Evacuation procedures for the firefighters have to be arranged with the receiving state.
— Firefighters trained to fulfil the above mentioned task and with additional safety and security training taking into account the different types of fires that the module might be deployed for.
— Manual tools for making defence lines.
— Hoses, portable tanks and pumps for establishing a line.
— Adaptors for hose connection including the Storz standard.
— Water backpacks.
— Equipment potentially to be roped or winched down by helicopter.
— Evacuation procedures for the firefighters have to be arranged with the receiving state.
Self-sufficiency —Article 12 applies. — Article 12 applies.
— Article 12 applies.
Deployment —Availability for departure maximum 6 hours after the acceptance of the offer.—Ability to work continuously during 7 days. — Availability for departure maximum 6 hours after the acceptance of the offer. — Ability to work continuously during 7 days.
— Availability for departure maximum 6 hours after the acceptance of the offer.
— Ability to work continuously during 7 days.
— To contribute to the extinction of large forest and vegetal fires by using ground means.
— Sufficient human resources for continuous operations during 7 days.
— Ability to operate in areas with restricted access.
— Ability to set long lines of hoses with pumps, minimum 2 km, and/or make defence lines continuously.
— Firefighters trained to fulfil the above mentioned task and with additional safety and security training taking into account the different types of fires that the module might be deployed for.
— Manual tools for making defence lines.
— Hoses, portable tanks and pumps for establishing a line.
— Adaptors for hose connection including the Storz standard.
— Water backpacks.
— Equipment potentially to be roped or winched down by helicopter.
— Evacuation procedures for the firefighters have to be arranged with the receiving state.
— Article 12 applies.
— Availability for departure maximum 6 hours after the acceptance of the offer.
— Ability to work continuously during 7 days.
Tasks —To contribute to the extinction of large forest and vegetal fires using vehicles. — To contribute to the extinction of large forest and vegetal fires using vehicles.
— To contribute to the extinction of large forest and vegetal fires using vehicles.
Capacities —Sufficient human resources and vehicles for continuous operations with a minimum of 20 firefighters at any time. — Sufficient human resources and vehicles for continuous operations with a minimum of 20 firefighters at any time.
— Sufficient human resources and vehicles for continuous operations with a minimum of 20 firefighters at any time.
Main components —Firefighters trained to fulfil the above mentioned task.—4 vehicles with off road capability.—Tank capacity of each vehicle of at least 2 000 litres.—Adaptors for hose connection including the Storz standard. — Firefighters trained to fulfil the above mentioned task. — 4 vehicles with off road capability. — Tank capacity of each vehicle of at least 2 000 litres. — Adaptors for hose connection including the Storz standard.
— Firefighters trained to fulfil the above mentioned task.
— 4 vehicles with off road capability.
— Tank capacity of each vehicle of at least 2 000 litres.
— Adaptors for hose connection including the Storz standard.
Self-sufficiency —Article 12 applies. — Article 12 applies.
— Article 12 applies.
Deployment —Availability for departure maximum 6 hours after the acceptance of the offer.—Ability to work continuously during 7 days.—Deployment by land or sea. Deployment by air is only an option in well justified cases. — Availability for departure maximum 6 hours after the acceptance of the offer. — Ability to work continuously during 7 days. — Deployment by land or sea. Deployment by air is only an option in well justified cases.
— Availability for departure maximum 6 hours after the acceptance of the offer.
— Ability to work continuously during 7 days.
— Deployment by land or sea. Deployment by air is only an option in well justified cases.
— To contribute to the extinction of large forest and vegetal fires using vehicles.
— Sufficient human resources and vehicles for continuous operations with a minimum of 20 firefighters at any time.
— Firefighters trained to fulfil the above mentioned task.
— 4 vehicles with off road capability.
— Tank capacity of each vehicle of at least 2 000 litres.
— Adaptors for hose connection including the Storz standard.
— Article 12 applies.
— Availability for departure maximum 6 hours after the acceptance of the offer.
— Ability to work continuously during 7 days.
— Deployment by land or sea. Deployment by air is only an option in well justified cases.
Tasks —Reinforce existing structures and build new barriers to prevent further flooding of rivers, basins, waterways with rising water levels. — Reinforce existing structures and build new barriers to prevent further flooding of rivers, basins, waterways with rising water levels.
— Reinforce existing structures and build new barriers to prevent further flooding of rivers, basins, waterways with rising water levels.
Capacities —Ability to dam up water to a minimum height of 0,8 metres using:—the materials enabling building a barrier 1 000 metres long,—further materials made available on-site.—Ability to reinforce existing levees.—Ability to operate at a minimum of 3 locations at the same time within an area accessible by trucks.—Operational 24/7.—Supervision and maintenance of barriers and dykes.—Ability to work with local staff. — Ability to dam up water to a minimum height of 0,8 metres using:—the materials enabling building a barrier 1 000 metres long,—further materials made available on-site. — the materials enabling building a barrier 1 000 metres long, — further materials made available on-site. — Ability to reinforce existing levees. — Ability to operate at a minimum of 3 locations at the same time within an area accessible by trucks. — Operational 24/7. — Supervision and maintenance of barriers and dykes. — Ability to work with local staff.
— Ability to dam up water to a minimum height of 0,8 metres using:—the materials enabling building a barrier 1 000 metres long,—further materials made available on-site. — the materials enabling building a barrier 1 000 metres long, — further materials made available on-site.
— the materials enabling building a barrier 1 000 metres long,
— further materials made available on-site.
— Ability to reinforce existing levees.
— Ability to operate at a minimum of 3 locations at the same time within an area accessible by trucks.
— Operational 24/7.
— Supervision and maintenance of barriers and dykes.
— Ability to work with local staff.
Main components —Material to build watertight barriers for a total distance end to end of 1 000 metres (sand shall be made available by the local authorities).—Foils/plastic sheets (if needed to make an existing barrier watertight, depends on construction of barrier).—Sandbag filling machine. — Material to build watertight barriers for a total distance end to end of 1 000 metres (sand shall be made available by the local authorities). — Foils/plastic sheets (if needed to make an existing barrier watertight, depends on construction of barrier). — Sandbag filling machine.
— Material to build watertight barriers for a total distance end to end of 1 000 metres (sand shall be made available by the local authorities).
— Foils/plastic sheets (if needed to make an existing barrier watertight, depends on construction of barrier).
— Sandbag filling machine.
Self-sufficiency —Article 12 applies. — Article 12 applies.
— Article 12 applies.
Deployment —Availability for departure maximum 12 hours after the acceptance of the offer.—Deployment by land or sea. Deployment by air is only an option in well justified cases.—Ability to be operational at least for 10 days. — Availability for departure maximum 12 hours after the acceptance of the offer. — Deployment by land or sea. Deployment by air is only an option in well justified cases. — Ability to be operational at least for 10 days.
— Availability for departure maximum 12 hours after the acceptance of the offer.
— Deployment by land or sea. Deployment by air is only an option in well justified cases.
— Ability to be operational at least for 10 days.
— Reinforce existing structures and build new barriers to prevent further flooding of rivers, basins, waterways with rising water levels.
— Ability to dam up water to a minimum height of 0,8 metres using:—the materials enabling building a barrier 1 000 metres long,—further materials made available on-site. — the materials enabling building a barrier 1 000 metres long, — further materials made available on-site.
— the materials enabling building a barrier 1 000 metres long,
— further materials made available on-site.
— the materials enabling building a barrier 1 000 metres long,
— further materials made available on-site.
— Ability to reinforce existing levees.
— Ability to operate at a minimum of 3 locations at the same time within an area accessible by trucks.
— Operational 24/7.
— Supervision and maintenance of barriers and dykes.
— Ability to work with local staff.
— Material to build watertight barriers for a total distance end to end of 1 000 metres (sand shall be made available by the local authorities).
— Foils/plastic sheets (if needed to make an existing barrier watertight, depends on construction of barrier).
— Sandbag filling machine.
— Article 12 applies.
— Availability for departure maximum 12 hours after the acceptance of the offer.
— Deployment by land or sea. Deployment by air is only an option in well justified cases.
— Ability to be operational at least for 10 days.
Tasks —Water search and rescue and assist people trapped in a flooding situation by using boats.—Provide lifesaving aid and deliver first necessities as required. — Water search and rescue and assist people trapped in a flooding situation by using boats. — Provide lifesaving aid and deliver first necessities as required.
— Water search and rescue and assist people trapped in a flooding situation by using boats.
— Provide lifesaving aid and deliver first necessities as required.
Capacities —Ability to search for people in urban and rural areas.—Ability to rescue people out of a flooded area including medical care on first responder level.—Ability to work together with aerial search (helicopters and planes).—Ability to deliver first necessities of life in a flooded area:—transportation of doctors, medicines, etc.—food and water.—The module must have at least 5 boats and the ability to transport 50 people in total excluding the staff of the Module.—The boats shall be designed for use in cold climate conditions and be able to drive upstream against at least 10 knots flow.—Operational 24/7. — Ability to search for people in urban and rural areas. — Ability to rescue people out of a flooded area including medical care on first responder level. — Ability to work together with aerial search (helicopters and planes). — Ability to deliver first necessities of life in a flooded area:—transportation of doctors, medicines, etc.—food and water. — transportation of doctors, medicines, etc. — food and water. — The module must have at least 5 boats and the ability to transport 50 people in total excluding the staff of the Module. — The boats shall be designed for use in cold climate conditions and be able to drive upstream against at least 10 knots flow. — Operational 24/7.
— Ability to search for people in urban and rural areas.
— Ability to rescue people out of a flooded area including medical care on first responder level.
— Ability to work together with aerial search (helicopters and planes).
— Ability to deliver first necessities of life in a flooded area:—transportation of doctors, medicines, etc.—food and water. — transportation of doctors, medicines, etc. — food and water.
— transportation of doctors, medicines, etc.
— food and water.
— The module must have at least 5 boats and the ability to transport 50 people in total excluding the staff of the Module.
— The boats shall be designed for use in cold climate conditions and be able to drive upstream against at least 10 knots flow.
— Operational 24/7.
Main components —Boats designed for:—shallow-streaming water conditions (> 0,5 m),—use in windy conditions,—use during day and night,—shall be equipped according to international safety standards including life jackets for the passengers.—People trained for swift water rescue. (No diving only surface rescue). — Boats designed for:—shallow-streaming water conditions (> 0,5 m),—use in windy conditions,—use during day and night,—shall be equipped according to international safety standards including life jackets for the passengers. — shallow-streaming water conditions (> 0,5 m), — use in windy conditions, — use during day and night, — shall be equipped according to international safety standards including life jackets for the passengers. — People trained for swift water rescue. (No diving only surface rescue).
— Boats designed for:—shallow-streaming water conditions (> 0,5 m),—use in windy conditions,—use during day and night,—shall be equipped according to international safety standards including life jackets for the passengers. — shallow-streaming water conditions (> 0,5 m), — use in windy conditions, — use during day and night, — shall be equipped according to international safety standards including life jackets for the passengers.
— shallow-streaming water conditions (> 0,5 m),
— use in windy conditions,
— use during day and night,
— shall be equipped according to international safety standards including life jackets for the passengers.
— People trained for swift water rescue. (No diving only surface rescue).
Self-sufficiency —Article 12 applies. — Article 12 applies.
— Article 12 applies.
Deployment —Availability for departure maximum 12 hours after the acceptance of the offer.—Deployment by land or sea Deployment by air is only an option in well justified cases.—Ability to be operational at least for 10 days. — Availability for departure maximum 12 hours after the acceptance of the offer. — Deployment by land or sea Deployment by air is only an option in well justified cases. — Ability to be operational at least for 10 days.
— Availability for departure maximum 12 hours after the acceptance of the offer.
— Deployment by land or sea Deployment by air is only an option in well justified cases.
— Ability to be operational at least for 10 days.
— Water search and rescue and assist people trapped in a flooding situation by using boats.
— Provide lifesaving aid and deliver first necessities as required.
— Ability to search for people in urban and rural areas.
— Ability to rescue people out of a flooded area including medical care on first responder level.
— Ability to work together with aerial search (helicopters and planes).
— Ability to deliver first necessities of life in a flooded area:—transportation of doctors, medicines, etc.—food and water. — transportation of doctors, medicines, etc. — food and water.
— transportation of doctors, medicines, etc.
— food and water.
— transportation of doctors, medicines, etc.
— food and water.
— The module must have at least 5 boats and the ability to transport 50 people in total excluding the staff of the Module.
— The boats shall be designed for use in cold climate conditions and be able to drive upstream against at least 10 knots flow.
— Operational 24/7.
— Boats designed for:—shallow-streaming water conditions (> 0,5 m),—use in windy conditions,—use during day and night,—shall be equipped according to international safety standards including life jackets for the passengers. — shallow-streaming water conditions (> 0,5 m), — use in windy conditions, — use during day and night, — shall be equipped according to international safety standards including life jackets for the passengers.
— shallow-streaming water conditions (> 0,5 m),
— use in windy conditions,
— use during day and night,
— shall be equipped according to international safety standards including life jackets for the passengers.
— shallow-streaming water conditions (> 0,5 m),
— use in windy conditions,
— use during day and night,
— shall be equipped according to international safety standards including life jackets for the passengers.
— People trained for swift water rescue. (No diving only surface rescue).
— Article 12 applies.
— Availability for departure maximum 12 hours after the acceptance of the offer.
— Deployment by land or sea Deployment by air is only an option in well justified cases.
— Ability to be operational at least for 10 days.
Tasks —Provide or arrange for:—support for set-up and running of office,—ICT support,—logistics and subsistence support,—transport support on site. — Provide or arrange for:—support for set-up and running of office,—ICT support,—logistics and subsistence support,—transport support on site. — support for set-up and running of office, — ICT support, — logistics and subsistence support, — transport support on site.
— Provide or arrange for:—support for set-up and running of office,—ICT support,—logistics and subsistence support,—transport support on site. — support for set-up and running of office, — ICT support, — logistics and subsistence support, — transport support on site.
— support for set-up and running of office,
— ICT support,
— logistics and subsistence support,
— transport support on site.
Capacities —Capable of assisting an assessment, coordination and/or preparedness team, an on-site operations coordination centre, or of being combined into a civil protection module as referred to in Article 12(2)(c). — Capable of assisting an assessment, coordination and/or preparedness team, an on-site operations coordination centre, or of being combined into a civil protection module as referred to in Article 12(2)(c).
— Capable of assisting an assessment, coordination and/or preparedness team, an on-site operations coordination centre, or of being combined into a civil protection module as referred to in Article 12(2)(c).
Main components —The following support components, enabling all on site operations coordination centre functions to be fulfilled, taking into account acknowledged international guidelines such as UN guidelines:—support for set-up and running of office,—ICT support equipment,—logistics and subsistence support equipment,—transport support on site.The components shall be able to be divided in different units to ensure flexibility when adapting to the needs of a specific intervention. — The following support components, enabling all on site operations coordination centre functions to be fulfilled, taking into account acknowledged international guidelines such as UN guidelines:—support for set-up and running of office,—ICT support equipment,—logistics and subsistence support equipment,—transport support on site.The components shall be able to be divided in different units to ensure flexibility when adapting to the needs of a specific intervention. — support for set-up and running of office, — ICT support equipment, — logistics and subsistence support equipment, — transport support on site.
— The following support components, enabling all on site operations coordination centre functions to be fulfilled, taking into account acknowledged international guidelines such as UN guidelines:—support for set-up and running of office,—ICT support equipment,—logistics and subsistence support equipment,—transport support on site.The components shall be able to be divided in different units to ensure flexibility when adapting to the needs of a specific intervention. — support for set-up and running of office, — ICT support equipment, — logistics and subsistence support equipment, — transport support on site.
— support for set-up and running of office,
— ICT support equipment,
— logistics and subsistence support equipment,
— transport support on site.
Deployment —Availability for departure maximum 12 hours after the request. — Availability for departure maximum 12 hours after the request.
— Availability for departure maximum 12 hours after the request.
— Provide or arrange for:—support for set-up and running of office,—ICT support,—logistics and subsistence support,—transport support on site. — support for set-up and running of office, — ICT support, — logistics and subsistence support, — transport support on site.
— support for set-up and running of office,
— ICT support,
— logistics and subsistence support,
— transport support on site.
— support for set-up and running of office,
— ICT support,
— logistics and subsistence support,
— transport support on site.
— Capable of assisting an assessment, coordination and/or preparedness team, an on-site operations coordination centre, or of being combined into a civil protection module as referred to in Article 12(2)(c).
— The following support components, enabling all on site operations coordination centre functions to be fulfilled, taking into account acknowledged international guidelines such as UN guidelines:—support for set-up and running of office,—ICT support equipment,—logistics and subsistence support equipment,—transport support on site.The components shall be able to be divided in different units to ensure flexibility when adapting to the needs of a specific intervention. — support for set-up and running of office, — ICT support equipment, — logistics and subsistence support equipment, — transport support on site.
— support for set-up and running of office,
— ICT support equipment,
— logistics and subsistence support equipment,
— transport support on site.
— support for set-up and running of office,
— ICT support equipment,
— logistics and subsistence support equipment,
— transport support on site.
— Availability for departure maximum 12 hours after the request.
Module Number of modules simultaneously available for deployment(1)
HCP(High capacity pumping) 6
MUSAR(Medium urban search and rescue — 1 for cold conditions) 6
WP(Water purification) 2
FFFP(Aerial forest fire fighting module using planes) 2
AMP(Advanced medical post) 2
ETC(Emergency Temporary Camp) 2
HUSAR(Heavy urban search and rescue) 2
CBRNDET(CBRN detection and sampling) 2
GFFF(Ground forest fire fighting) 2
GFFF-V(Ground forest fire fighting using vehicles) 2
CBRNUSAR(USAR in CBRN conditions) 1
AMP-S(Advanced medical post with surgery) 1
FC(Flood containment) 2
FRB(Flood rescue using boats) 2
MEVAC(Medical aerial evacuation of disaster victims) 1
FHOS(Field hospital) 2
FFFH(Aerial forest firefighting module using helicopters) 2
Technical Assistance and Support Team Number of TAST simultaneously available for deployment(1)
TAST(Technical Assistance and Support Team) 2
Other response capacity Number of other response capacities simultaneously available for deployment(1)
Teams for mountain search and rescue 2
Teams for water search and rescue 2
Teams for cave search and rescue 2
Teams with specialized search and rescue equipment, e.g. search robots 2
Teams with unmanned aerial vehicles 2
Teams for maritime incident response 2
Structural engineering teams, to carry out damage and safety assessments, appraisal of buildings to be demolished/repaired, assessment of infrastructure, short-term shoring 2
Evacuation support: including teams for information management and logistics 2
Fire-fighting: advisory/assessment teams 2
CBRN decontamination teams 2
Mobile laboratories for environmental emergencies 2
Communication teams or platforms to quickly re-establish communications in remote areas 2
Medical Evacuation Jets Air Ambulance and Medical Evacuation Helicopter separately for inside Europe or worldwide 2
Additional Shelter Capacity: units for 250 persons (50 tents); incl. self-sufficiency unit for the handling staff 100
Additional Capacity Shelter-kit: units for 2 500 persons (500 tarpaulins); with toolkit possibly to be procured locally 6
Water pumps with minimum capacity to pump 800 l/min 100
Power generators of 5-150 kWPower generators above 150 kW 10010
Marine pollution capacities as necessary
Other response capacities necessary to address identified risks(1) as necessary
— For modules, as well as for technical assistance and support teams, the requirements set out in Annex II shall apply in the start-up configuration. For the future, the quality and interoperability requirements shall be reviewed by the Commission in cooperation with Member States, with the aim to further improve the availability of the response capacities in the EERC, including their response times.
— For other response capacities and experts, quality and interoperability requirements shall also be defined by the Commission in cooperation with Member States.
1. Self-assessment establishing that the asset fulfils the quality requirements established for this type of asset;
2. Factsheet of the module, including technical assistance and support team, other response capacity, or expert (CECIS factsheets);
3. Confirmation of necessary arrangements put in place to ensure the relevant authority and national contact points are continuously capable to handle without delay requests for deployment with regard to their assets registered in the EERC;
4. Confirmation that all necessary measures have been taken, including the necessary financing arrangements, to ensure that the asset registered in the EERC can be deployed immediately following an invitation to deploy by the Commission;
5. Exact duration of the pre-commitment in the EERC [minimum one year, maximum three years, except for experts, where the duration can be as low as 6 months];
6. Information on the guaranteed maximum mobilisation time [maximum 12 hours after the acceptance of the offer];
7. The geographic location of the asset, the indicative location of mobilisation (airport etc.), the normal geographic scope of deployment, as well as geographic restrictions, if any;
8. Standard Operating Procedures of the module, including technical assistance and support team, or other response capacity (e.g. Modules SOPs Guidelines);
9. All relevant transport handling information, such as measures, weights, flight restrictions, etc., preferred modes of transport; if relevant: access to harbours;
10. Any other restrictions or other foreseeable conditions of deployment;
11. An ‘Experience File’, with summaries of previous deployments of the module, other response capacity, or expert; participation in Union Mechanism exercises, training of key personnel (Team Leader, Deputy Team Leader) through the Union Mechanism, compliance with international standards where relevant (e.g. INSARAG, WHO, IFRC, etc.);
12. A self-assessment of adaptation needs and associated costs;
13. All necessary contact information;
14. Attestation establishing that the module, including technical assistance and support team, other response capacity, or expert is in compliance with the quality requirements [and has successfully passed the certification procedure];
Module Factsheets, SOPs, Training Modules Field Exercise Modules Table Top Exercise
HCP(High capacity pumping) x x x
MUSAR(Medium urban search and rescue) x (x) if not IEC(*1) x
WP(Water purification) x x x
FFFP(Aerial forest fire fighting module using planes) x x
AMP(Advanced medical post) x x x
ETC(Emergency Temporary Camp) x x
HUSAR(Heavy urban search and rescue) x (x) if not IEC(*1) x
CBRNDET(CBRN detection and sampling) x x x
GFFF(Ground forest fire fighting) x x
GFFF-V(Ground forest fire fighting using vehicles) x x
CBRNUSAR(USAR in CBRN conditions) x x x
AMP-S(Advanced medical post with surgery) x x
FC(Flood containment) x x
FRB(Flood rescue using boats) x x x
MEVAC(Medical aerial evacuation of disaster victims) x x
FHOS(Field hospital) x x
FFFH(Aerial forest firefighting module using helicopters) x x
TAST(Technical Assistance and Support Team) x x x
— Situational analysis — coordination on the ground
— Reference to pre-developed general intervention scenarios
— Exit scenarios
— Reference to security situation on the ground
— Reference to pre-defined selection criteria: availability, suitability, location/proximity, transport times and costs, etc.
— Indication of urgency
— Geographical limits and other pre-defined limits
— Requests, offers, EUCP team, transport pooling
— Provision of assistance
— Critical needs
— Other relevant elements, as available, such as logistics, customs, consignees
1. International Organization for Migration (IOM)
2. International Federation of Red Cross and Red Crescent Societies (IFRC)
3. Organisation for the Prohibition of Chemical Weapons (OPCW)
1. Disaster/emergency; country affected.
2. References to messages issued by the Emergency Response Coordination Centre (ERCC).
3. State/authorities requesting transport support.
4. Form of transport support requested: (choose one or several options below):A.   Identification of transport means available by other Member States (pooling)YES/NOB.   Identification of transport means available in the commercial market (European Commission transport contractor) or other sourcesYES/NOC.   Financial support in form of transport grantYES/NO
5. Final recipient/beneficiary of the assistance transported.
6. Details of the civil protection assistance to be transported including precise description of items, weight, size, volume, floor space, packaging with due reference to air, land, maritime packaging standards, any hazardous items, vehicle characteristics as well as overall weight, size, volume, floor space and other legal, customs, health or sanitary requirements relevant for the transport and the delivery of the assistance.Information on number of staff travelling/passengers to be transported.
7. Information on how this assistance meets the needs of the affected country in reference to affected country request or needs assessment, in particular as regards critical needs identified.
8. Information on the state of play regarding this assistance by the affected state or coordinating authority. (accepted/pending acceptance)
9. Required/or envisaged route for transportation.
10. Place/port of embarkation and local contact point.
11. Place/port of disembarkation and local contact point. If available information on who will arrange offloading and customs clearance at the place/port of disembarkation.
12. Contact point for custom documentation/formalities.
13. Date/Time when the assistance/passengers is/are ready for transportation from the port of embarkation.
14. Information on any possibilities to move assistance/passengers to an alternative place/port of embarkation/hub for onward movement.
15. Additional information (as appropriate), if available, place of delivery, address and contact details of the consignee.
16. Information on possible contributions to the transportation costs.
17. Information on other transport solutions already identified.
18. Information concerning a request for Union co — financing (when applicable).
19. Name and contact details of the representative of the organisation requesting transport support.
1. Disaster/Emergency, country affected.
2. Responding State/organisation.
3. References to messages issued by the Emergency Response Coordination Centre of (ERCC) and of the Member State/organisation requesting transport support.
4. Technical details of the offer of transportation including types of transport resources available, dates and times of transportation, number of movements or sorties required.
5. Particular details, constraints and modalities concerning the civil protection assistance to be transported, including weight, size, volume, floor space, packaging, possible hazardous items, vehicle preparation, handling requirements, staff/passenger travelling and other legal, customs, health or sanitary requirements relevant for the transport.
6. Proposed route for transportation.
7. Place/port of embarkation and local contact point.
8. Place/port of disembarkation and local contact point.
9. Contact point for custom documentation/formalities.
10. Date/Time when the assistance/passengers needs to be ready, for transportation from the port of embarkation.
11. Information on any request for movement of assistance/passengers to an alternative place/port of embarkation/hub for onward movement.
12. Date/time when the assistance/passengers is/are planned to arrive to place/port of disembarkation.
13. Additional information (as appropriate).
14. Information on possible request for contributions to the transportation costs, financial contributions and details of any particular conditions or restriction related to the offer.
15. Name and contact details of the representative of the organisation offering transport support.
Decision 2004/277/EC, Euratom Decision 2007/606/EC, Euratom This Decision
Article 1 Article 1
Article 2 Article 2
Article 3(1)(1)Article 3(2)Article 3(3)Article 3(4) Article 10(1)Article 10(3)——
Article 3a(1)Article 3a(2)Article 3a(3)Article 3a(4) Article 13(1)Article 13(2)Article 11(1)Article 11(2)
Article 3b Article 12
Article 3c Article 13(4)
Article 4 —
Article 5 Article 3(2)
Article 6 —
Article 7 —
Article 8 Article 4
Article 9 —
Article 10 Article 5
Article 11(1)Article 11(2)Article 11(3) Article 6(1)Article 6(2)Article 6(3)
Article 12 Article 7
Article 13 —
Article 14 Article 10(1) and 10(3)
Article 15 Article 41
Article 16(1)Article 16(2)Article 16(3)Article 16(4) Article 42(1)Article 42(2)Article 42(3)Article 42(4)
Article 17 Article 43
Article 18 Article 44
Article 19 Article 45
Article 20 Article 46
Article 21 Article 26
Article 22 Article 27.1
Article 23 Article 26(1), third sentence
Article 24 Article 32(3)
Article 25 Article 29
Article 26 Article 30
Article 27(1)Article 27(2)Article 27(3) Article 31, first sentenceArticle 27(3)Article 31, second sentence
Article 28 —
Article 29(1)Article 29(2)Article 29(3)Article 29(4)Article 29(5)Article 29(6)Article 29(7)Article 29(8)Article 29(9)Article 29(10)Article 29(11) Article 35(3), first sentenceArticle 35(2)Article 35(4) and 35(5)Articles 35(1)——Article 35(10)Article 35(12)Article 46(1)——
Article 30 —
Article 31 —
Article 32(1)Article 32(2)Article 32(3)Article 32(4)Article 32(5)Article 32(6) Article 36(1)Article 36(2)Article 36(2)Article 36(3)Article 36(4)Article 36(5)
Article 33 Article 37
Article 34 Article 38
Article 35 Article 39
Article 36 Article 40
Article 37 Article 58
Article 1 Article 1
Article 2 Article 2
Article 3(1)Article 3(2)Article 3(3)Article 3(4)Article 3(5) Article 48(1)—Article 48(2)Article 48(4)Article 48(5)
Article 4(1)Article 4(2)Article 4(3) Article 49(1)Article 49(2)Article 49(2), second sentence; and Article 50(1), first sentence
Article 5(1)Article 5(2)Article 5(3)Article 5(4)Article 5(5)Article 5(6) Article 50(1)—Article 50(2)Article 50(3)Article 50(4)Article 50(5)
Article 6 Article 51
Article 7 Article 52
Article 8(1)Article 8(2)Article 8(3)Article 8(4)Article 8(5) —Article 53(1)Article 53(2)Article 53(3)Article 53(4)
Article 9 —
Article 10 Article 54
Article 11 Article 55
Article 12 Article 56
Article 13 Article 58
Annex Annex VIII
Annex I(2) Annex I
Annex II(3) Annex II
Annex III(4) Annex II, at the end
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Decision No 1313/2013/EU of the European Parliament and the Council of 17 December 2013 on a Union Civil Protection Mechanism(1), and in particular Article 32(1) thereof,
(1) The general objective of the Union Civil Protection Mechanism (‘Union Mechanism’) is to strengthen the cooperation between the Union and the Member States and to facilitate coordination in the field of civil protection in order to improve the effectiveness of systems for preventing, preparing for and responding to natural and man-made disasters.
(2) As disasters can strike at any time, the Emergency Response Coordination Centre (ERCC) established under Article 7 of Decision No 1313/2013/EU should ensure at all times close contact with the contact points of Member States.
(3) The Common Emergency Communication and Information System (CECIS) is an essential element of the Union Mechanism because it should guarantee authenticity, integrity and confidentiality of information exchanged among the Member States under routine conditions as well as in emergencies. A separate version of CECIS providing access to the secretariats of the regional sea conventions and third countries sharing a regional sea basin with the Union should be created in view of the specificities of the response to marine pollution incidents.
(4) In order to ensure operational effectiveness, minimum requirements should be defined for the modules, other response capacities and experts identified in accordance with Article 9(1) of Decision No 1313/2013/EU, as well as for their operational requirements, functioning, and interoperability, as provided for in Article 9(2) of Decision No 1313/2013/EU. In particular, modules should be capable of working self-sufficiently for a given period of time, be quick to deploy, and interoperable. In order to enhance the interoperability of modules, measures are needed at Union and Member State levels.
(5) The capacity goals for the European Emergency Response Capacity (EERC) should be defined and regularly reviewed in order to have a sufficient number of all necessary types of modules, other response capacities, and experts available for deployments under the Union Mechanism. The quality and interoperability requirements should be defined and regularly reviewed to ensure a uniform minimum level of quality and interoperability of all capacities participating in the EERC.
(6) A certification and registration procedure, including self-assessment elements, should be defined to confirm that capacities in the voluntary pool fulfil all necessary requirements and, where necessary, benefit from limited Union co-financing of ‘adaptation costs’. This certification and registration procedure should, moreover, ensure an adequate geographic balance of capacities in accordance with the location of risks, and consider the participation of all interested Member States.
(7) The identification of possible response capacity gaps of the EERC should allow the Commission and Member States to determine together where adequate capacities are not available inside or outside the voluntary pool. Member States addressing them individually or through consortia should benefit from limited Union co-financing provided this is cost-effective and confirmed by risk-assessments.
(8) In order to develop the functioning of the EERC, limited amounts of Union co-financing through framework contracts, framework partnership agreements or similar arrangements should support Member States’ access to additional capacities to address temporary shortcomings in extraordinary disasters, i.e. disasters of a nature and magnitude going beyond what can reasonably be expected and prepared for. These capacities should be included in the voluntary pool for deployments under the Union Mechanism.
(9) The Union Mechanism training programme continues to represent an essential element for the preparedness of civil protection and disaster management personnel deployed in the context of the Union Mechanism. In line with the scope defined in Article 13(1) of Decision No 1313/2013/EU, it should cover prevention, preparedness, and response phases.
(10) The Union Mechanism exercise programme should continue its essential role for the practical preparedness for deployments involving the Union Mechanism and the sharing of lessons learnt from civil protection actions conducted within the framework of the Union Mechanism. The exercise programme should be guided by a strategic framework, setting out objectives and roles of exercises under the Union Mechanism, as well as by specific priorities included in the annual work programmes.
(11) A systematic, focused and coherent approach for gathering, analysing, disseminating and implementing the lessons learnt, covering the entire disaster management cycle, should be established.
(12) In the framework of the Union Mechanism, clear operational procedures for the response to disaster under the Mechanism are important to ensure efficient assistance in case of disasters, including for the relevant international organisations identified in accordance with Article 16(1) of Decision No 1313/2013/EU.
(13) In order to allow for a maximum of effectiveness and efficiency of the Union Mechanism, all requests for and offers of assistance should be as specific as possible including all necessary information.
(14) In order to ensure effective coordination of assistance, the ERCC should share its assessment of critical needs and its recommendations for deployments from the voluntary pool with all Member States and develop adequate deployment plans for every request for assistance. The selection of capacities from the voluntary pool should be based on specific and objective criteria, the priority of which should be assessed in the light of current operational needs.
(15) In order to improve, where appropriate, the response times under the Union Mechanism, Member States should make necessary pre-arrangements for the deployment of their capacities registered in the voluntary pool.
(16) The availability of technical, assessment, and coordination, experts, including team leaders, represents an important element of the Union Mechanism. The tasks and functions of the experts should be defined and the procedure for deploying them should be determined.
(17) Article 23 of Decision No 1313/2013/EU sets out special provisions to provide transport support in the event of a disaster to facilitate a rapid and effective response with the help of the Union Mechanism. It is necessary to establish the rules and procedures for the requests made by Member States to obtain financial support from the Union to transport assistance to the affected country and the handling of those requests by the Commission.
(18) For reasons of transparency, coherence and effectiveness it is necessary to establish the information to be provided in the requests for transport support and related replies by Member States and the Commission.
(19) Where Union financial assistance may be provided in accordance with Decision No 1313/2013/EU, Member States should have the choice to request either a grant or a transport service.
(20) Commission Decisions 2004/277/EC, Euratom(2)and 2007/606/EC, Euratom(3)should be repealed.
(21) The measures provided for in this Decision are in accordance with the opinion of the Civil Protection Committee,
HAS ADOPTED THIS DECISION:

Subject matter
Article 1
This Decision lays down detailed rules for the implementation of Decision No 1313/2013/EU, as regards:
(a)
the interaction of the Emergency Response Coordination Centre (‘ERCC’) with Member States’ contact points;
(b)
the components of the Common Emergency Communication and Information System (‘CECIS’) as well as the organisation of information sharing through CECIS;
(c)
the identification of modules, other response capacities and experts, as well as the operational requirements for the functioning and interoperability of modules, including their tasks, capacities, main components, self-sufficiency and deployment;
(d)
the capacity goals, the quality and interoperability requirements and the certification and registration procedure necessary for the functioning of the EERC, including financial arrangements;
(e)
identifying and filling gaps in the EERC;
(f)
the organisation of the training programme, exercise framework and lessons learnt programme;
(g)
the operational procedures for the response to disasters within as well as outside the Union, including identification of relevant international organisations;
(h)
the process for deploying expert teams;
(i)
the organisation of support for the transport of assistance.

Definitions
Article 2
For the purposes of this Decision, the following definitions shall apply:
(1)
‘requester of assistance’ means the Member State or a third country affected by a disaster or imminent disaster or expecting to be affected by an imminent disaster, as well as the United Nations and its agencies and other relevant international organisations as specified in Annex VII;
(2)
‘civil protection assistance’ means teams, experts or modules intended for civil protection, with their equipment, as well as relief materials or supplies needed to mitigate the immediate consequences of a disaster;
(3)
‘buffer capacities’ means disaster response capacities, the availability of and rapid access to which are co-financed under Article 21(2)(d) of Decision No 1313/2013/EU;
(4)
‘intervention team’ means the human and material resources, including modules, set up by one or more Member States for civil protection interventions;
(5)
‘technical assistance and support team’ means the human and material resources set-up by one or more Member States to fulfil support tasks, as referred to in Annex II.

Interaction of the ERCC with Member States’ contact points
Article 3
1. Each Member State shall designate a national contact point for the ERCC available 24 hours a day and seven days a week. The designation shall be made using the ‘Country card template’ set out in Annex I.
2. The ERCC shall maintain close contact with the contact points of Member States for the purpose of carrying out its regular duties and the response operations provided for in this Decision and Decision No 1313/2013/EU.

CECIS layers
Article 4
The CECIS shall include the following three components:
(a)
a network layer, connecting the competent authorities and the contact points in Member States and the ERCC;
(b)
an application layer, consisting of the databases and other information systems necessary for the functioning of the Union Mechanism and in particular those needed:
(i)
for communicating notifications,
(ii)
for ensuring communication and information sharing between the ERCC and competent authorities and the contact points,
(iii)
for disseminating lessons learnt from interventions;
(c)
a security layer, consisting of the set of systems, rules and procedures necessary for ensuring the authenticity, integrity and confidentiality of the data stored in and exchanged via the CECIS.

Information security
Article 5
1. The CECIS shall be capable of handling documents, databases, and information systems in a secure way through the Secure Trans European Services for Telematics between Administrations (sTESTA) or a comparable network.
2. Documents and information classified as ‘EU CONFIDENTIAL’ or higher, shall be transmitted pursuant to special arrangements between the originator and the recipient(s) as set out in Commission Decision 2001/844/EC, ECSC, Euratom(4).

Information and update
Article 6
1. Member States shall submit to the Commission the appropriate information using the ‘Country card template’ set out in Annex I.
2. Member States shall provide information on contact points and, where necessary, of other services handling natural, technological, and radiological disasters or environmental accidents, including accidental marine pollution.
3. Member States shall notify the Commission of any changes to the information referred to in paragraphs 1 and 2 immediately.
4. The CECIS database shall contain a designated section with information on the registration and availability of response capacities in the EERC. The Commission shall ensure continuous access for national civil protection contact points.
5. Member States shall ensure that the designated section in the CECIS database is always up-to-date as regards the availability status and all necessary factual data concerning the relevant characteristics of all registered response capacities in the EERC.
6. Where appropriate, Member States may grant read only access in the CECIS to other relevant national authorities.

CECIS user group
Article 7
A user group consisting of representatives nominated by Member States shall assist the Commission in the validation, testing, and further development of the CECIS.

Implementation and further development
Article 8
1. The Commission shall manage and further develop the CECIS, taking into account the needs and requirements of Member States.
2. Member States shall implement the appropriate CECIS information technology environment on their territory in accordance with the commitments made using the ‘Country card template’ set out in Annex I.

Marine pollution CECIS
Article 9
1. The Commission shall ensure that a specialised CECIS application accessible to Member States and the European Maritime Safety Agency through the internet is available for marine pollution to reflect the specificities of the response to maritime incidents.
2. The application shall, through the internet, also be open to third countries sharing a regional sea basin with the Union. Access may also be given on an ad hoc basis to the secretariats of the relevant regional sea conventions.

Registration of modules, technical assistance and support teams, other response capacities and experts
Article 10
1. Member States shall register their modules, technical assistance and support teams, other response capacities and experts identified in accordance with Article 9(6) of Decision No 1313/2013/EU in the CECIS database.
2. The modules, technical assistance and support teams, other response capacities and experts pre-committed to the EERC shall be registered in a designated section of the CECIS database.
3. The information referred to in paragraphs 1 and 2 shall be updated as necessary.

Composition of modules, technical assistance and support teams, other response capacities and experts
Article 11
1. Modules as well as technical assistance and support teams may be composed of resources provided by one or more Member States.
2. Where a module or a technical assistance and support team are composed of more than one component, the deployment of that module or technical assistance and support team in an intervention may be limited to the components necessary for that intervention.

Self-sufficiency of modules
Article 12
1. The following elements of self-sufficiency shall apply to each module as specified in Annex II:
(a)
appropriate shelter for the prevailing weather;
(b)
power generation and lighting covering the consumption of the base of operation and of the equipment required to fulfil the mission;
(c)
sanitation and hygiene facilities destined for the personnel of the module;
(d)
availability of food and water for the personnel of the module;
(e)
medical or paramedical staff, facilities and supplies for the personnel of the module;
(f)
equipment storage and maintenance of the equipment of the module;
(g)
equipment for the communication with the relevant partners, notably those in charge of the coordination on site;
(h)
local transportation;
(i)
logistics, equipment and staff enabling the setting-up of a base of operations and the beginning of the mission without delay upon arrival on site.
2. Compliance with the self-sufficiency requirements shall be guaranteed by the offering Member State through any of the following elements:
(a)
including in the module the necessary staff, equipment and consumables;
(b)
making the necessary arrangements on the site of operations;
(c)
making the necessary pre-arrangements to combine a non-self-sufficient intervention team with a technical assistance and support team in order to comply with the requirements referred to in Article 13 prior to the registration of the module concerned in accordance with Article 10(1).
3. The period for which self-sufficiency must be guaranteed at the onset of the mission may not be shorter than either of the following:
(a)
96 hours;
(b)
the periods laid down in Annex II.

Requirements for modules and technical assistance and support teams
Article 13
1. The modules shall comply with the general requirements set out in Annex II.
2. Technical assistance and support teams shall comply with the general requirements set out in Annex II.
3. The general requirements set out in Annex II shall be reviewed from time to time.
4. Member States shall take the necessary measures to ensure that:
(a)
modules have the capability to operate with other modules;
(b)
technical assistance and support teams have the capability to operate with other technical assistance and support teams and with relevant actors on the ground;
(c)
components of a module have the capability to operate together as one module;
(d)
components of a technical assistance and support team have the capability to operate together as one technical assistance and support team;
(e)
modules and technical assistance and support teams, when deployed outside the Union, are able to operate with international disaster response capabilities supporting the affected country;
(f)
team leaders, deputy team leaders and liaison officers of modules and technical assistance and support teams participate in appropriate training courses and exercises organised by the Commission, as set out in Articles 26-32.

Capacity goals
Article 14
1. The capacity goals of the EERC shall be as specified in Annex III.
2. The Commission in cooperation with Member States shall assess the suitability of the capacity goals at least every second year and, if necessary, revise them on the basis of risks identified in national risk assessments or other appropriate national or international sources of information.
3. Member States shall provide to the Commission relevant information on risks necessary for the assessment of the capacity goals.

Quality and interoperability requirements
Article 15
1. The quality and interoperability requirements specified in Annex IV shall apply to modules, technical assistance and support teams, other response capacities and experts in the EERC.
2. The Commission in cooperation with Member States shall assess the suitability of the quality and interoperability requirements at least every second year and, if necessary, revise them. The quality requirements shall be based on established international standards where they already exist.

Certification and registration procedure
Article 16
1. The certification and registration procedures specified in paragraphs 2 to 8 shall apply to modules, technical assistance and support teams, other response capacities and experts in the EERC.
2. Certification and registration shall be subject to the fulfilment of the quality requirements set out in Annex IV, except for buffer capacities, for which Article 25(3) shall apply.
3. Member States offering a particular module, technical assistance and support team, other response capacity, or expert for inclusion in the EERC, shall provide the information elements set out in Annex V.
4. The Commission shall assess whether the module, technical assistance and support team, other response capacity, or expert in question can be considered for inclusion in the EERC and communicate its conclusions without delay to the relevant Member State. In this assessment, the Commission shall consider in particular the fulfilment of the quality requirements, the capacity goals, the completeness of the information provided, the geographic proximity and participation of all Member States, as well as other relevant factors which it shall determine upfront and which shall be applicable to all comparable modules, technical assistance and support teams, other response capacities, or experts.
5. If considered for inclusion in the EERC, the Commission shall initiate the certification procedure for the module, technical assistance and support team, other response capacity, or expert on the basis of the information provided, and any additional information the Commission may request to the relevant Member State authority. In cases where, on the basis of available information, the Commission considers the quality and interoperability requirements fulfilled, it may register the module, technical assistance and support team, other response capacity, or expert in the voluntary pool.
6. The Commission shall communicate in writing to the relevant Member State authority its assessment of required trainings, exercises, and/or workshops, and other relevant certification and registration conditions.
7. If all certification conditions are fulfilled the Commission shall declare certified the module, technical assistance and support team, other response capacity, or expert for the EERC and communicate this to the Member State.
8. The certification of a module, technical assistance and support team, other response capacity, or expert should be reassessed at the latest after 3 years, if the asset is submitted for reregistration into the EERC.
9. The Commission in cooperation with Member States shall assess the suitability of the certification and registration procedure at least every second year and, if necessary, revise it.

Financial arrangements for adaptation costs
Article 17
1. Member States may request a grant for the financing of adaptation costs individually per module, technical assistance and support team, or other response capacity, without the Commission publishing a call for proposals. Adaptation costs comprise the cost elements specified in Article 21(2)(c) of Decision No 1313/2013/EU.
2. In order to substantiate this request, Member States shall submit to the Commission implementation plans for adaptation costs, including estimated costs and timeline.
3. The Commission shall assess and, where the relevant requirements are met, approve the implementation plans referred to in paragraph 2, specifying which of the respective costs are eligible as adaptation costs.
4. Following evaluation of the request, the Commission shall take the award decision.
5. Member States shall report to the Commission on the details of the costs incurred for adaptation costs.

Monitoring progress towards the capacity goals
Article 18
The Commission in cooperation with Member States shall continuously monitor progress towards the capacity goals, taking into account capacities identified under Article 20, and shall regularly inform Member States of its assessment of the progress made. The Commission shall inform Member States in the necessary detail about any remaining response capacity gaps.

Procedure for identifying response capacity gaps
Article 19
1. As part of monitoring the progress towards the capacity goals, the Commission, in cooperation with Member States, shall assess the difference between Member States’ registered capacities in the EERC and the capacity goals set out in Annex III.
2. The Commission and Member States shall consider as the capacities committed to the EERC only those capacities that have been registered as being made available by Member States to the EERC, in accordance with Article 16.

Procedure for identifying response capacities outside the EERC
Article 20
1. Where the Commission together with Member States has identified potentially significant response capacity gaps in accordance with Article 19 of this Decision, it shall, in cooperation with Member States, examine whether the necessary capacities are available outside the EERC, in accordance with Article 12(2) of Decision No 1313/2013/EU.
2. The Commission shall consider as available outside the EERC only the following capacities:
(a)
capacities registered in CECIS;
(b)
buffer capacities; or
(c)
capacities not covered by points (a) and (b) but that may be made readily available to the Member State or Member States in the required quantities, at the required location, within the required timeframe, for the required duration.
3. For the purpose of ascertaining the capacities referred to in point (c) of paragraph 2, the Commission shall address a request to national contact points setting out the details of the assessment of potentially significant response capacity gaps and inviting Member States to provide information on any capacities available outside the EERC as referred to in point (c) of paragraph 2.
4. The Commission shall specify in the request a deadline for responding of up to 60 calendar days, the exact duration of which shall depend on the expected complexity of ascertaining the capacities referred to in paragraph 2 by Member States.
5. Member States shall inform the Commission in writing within the set deadline of the details of any capacities referred to in paragraph 2.
6. Where a Member State does not reply in writing within the specified deadline the Commission shall assume for the purpose of this assessment that no capacities referred to in paragraph 2 are available in that Member State.
7. Based on the information received from Member States and taking into account only those capacities referred to in paragraph 2 the Commission shall assess whether those capacities fill the response capacity gaps identified in accordance with Article 19 of this Decision. The Commission shall consider the capacity gaps to be filled only when the number of capacities inside the EERC and those capacities referred to in paragraph 2 combined is equal to or exceeds the capacity goals set out in Annex III.

Procedure for addressing response capacity gaps
Article 21
1. Where the Commission together with Member States has identified potentially significant response capacity gaps in accordance with Article 19, which cannot be addressed in accordance with Article 20, it shall notify Member States in writing, detailing what it considers to be strategic response capacity gaps.
2. The Commission shall invite Member States in writing to address the strategic response capacity gaps, in accordance with Article 12(3) of Decision No 1313/2013/EU.
3. Member States shall communicate to the Commission if, when, and how they plan to address the strategic response capacity gaps, either individually or through cooperating with other Member States.

Commission support in addressing strategic response capacity gaps
Article 22
1. When Union funding is required to address strategic response capacity gaps in accordance with Articles 12(3) and 21(1)(j) of Decision No 1313/2013/EU, the Commission shall publish a call for proposals to support Member States.
2. In responding to the call for proposals, Member States shall comply with Article 21(1)(j)(iii) and (iv) of Decision No 1313/2013/EU.
3. Member States shall indicate, inter alia, the percentage of Union co-financing required.

Eligible costs for support in addressing response capacity gaps
Article 23
1. All costs of the equipment, services or human resources necessary to initially set-up the response capacities shall be eligible.
2. Ongoing maintenance costs or running costs shall not be eligible.

Financial arrangements
Article 24
1. The Commission shall define in the annual work programme the required types and numbers of buffer capacities in general terms, taking into account the possibility of certain extraordinary types of disasters in Member States, as well as an extraordinary intensity, or other factors making a disaster extraordinary, such as a coincidence with another disaster, as well as the potential for temporary shortcomings in such scenarios.
2. The Commission shall regularly launch the necessary financial procedures to cover the costs defined in Article 21(2)(d) of Decision No 1313/2013/EU in order to ensure rapid access to the buffer capacities defined in the annual work programme.
3. Buffer capacities co-financed by the Commission shall top-up the existing response capacities that Member States have available as part of their national preparedness, and shall not substitute existing response capacities.

Conditions for the Union’s financial contribution
Article 25
1. The Union’s financial contribution shall be conditional upon the acceptance by the Member States taking part in the financial procedures foreseen in Article 24(2) of the conditions outlined in paragraphs 2 to 9. The Commission may specify further conditions in the financial procedures.
2. Member States shall make buffer capacities available as part of the voluntary pool.
3. Buffer capacities shall meet the necessary quality and certification requirements specified in the financial procedures foreseen in Article 24(2).
4. Buffer capacities shall be registered in the voluntary pool for the full period defined in the relevant framework contracts, framework partnership agreements or similar arrangements. Any conditions and limitations imposed by the Member State(s) registering the capacities shall be duly justified by operational requirements.
5. Buffer capacities shall not be eligible for the financial assistance referred to in Article 17.
6. The Commission shall immediately inform all Member States through CECIS of buffer capacities registered in the voluntary pool.
7. Buffer capacities registered in the voluntary pool shall be available for Union Mechanism deployments under the same general terms as other capacities registered in the voluntary pool, in accordance with Article 11 of Decision No 1313/2013/EU.
8. Following a request for assistance through the ERCC, the deployment of buffer capacities registered in the voluntary pool shall follow the operational procedures for the response to disasters outlined in Chapter 11.
9. Buffer capacities registered in the voluntary pool shall be available for domestic use in the Member States that have co-financed the availability of the capacities. Prior to the domestic use, these Member States shall consult with the ERCC to confirm that:
(i)
there is no simultaneous or imminent extraordinary disaster that may lead to a request for deployment of the buffer capacity;
(ii)
the domestic use does not unduly hinder the rapid access of other Member States in the event new extraordinary disasters arise.

Training Programme
Article 26
1. A training programme covering the prevention of, preparedness for and response to disasters shall be set up. The programme shall include general and specific courses and an exchange of experts system. The programme shall be aimed at the target groups set out in Article 27.
2. The Commission shall be responsible for the coordination and organisation and for defining the content and the schedule of the training programme.

Participants
Article 27
1. The target groups of the training programme shall be:
(a)
Member States’ civil protection and disaster management personnel, in particular team leaders, their deputies and liaison officers, experts of the Member States as set out in Article 41, including prevention and preparedness experts, and key staff of national contact points;
(b)
staff of the Union institutions and agencies;
(c)
selected experts from the European Neighbourhood Policy countries and candidate countries and potential candidates.
2. Participation in the training courses shall be also open to selected experts from:
(a)
the United Nations and its agencies;
(b)
the international organisations specified in Annex VII;
(c)
third countries and, where appropriate, other relevant actors.
3. Member States and the Commission shall designate their trainees for each training session.

Training courses
Article 28
1. The programme shall consist of a set of courses on introduction level, operational level and management level.
2. The Commission shall in cooperation with Member States determine the set of courses, content, curricula and schedules of the system of courses, including the access requirements.
3. The Commission shall ensure that trainers and lecturers are updated on relevant developments of the Union Mechanism.

Exchange of experts
Article 29
The system for the exchange of experts between Member States or with the Commission shall enable experts to:
(a)
gain and share experience;
(b)
become acquainted with various techniques and operational procedures used;
(c)
study approaches taken by other participating emergency services and institutions.

Additional training actions
Article 30
Where appropriate and in accordance with the annual work programme, additional training opportunities to meet identified needs for the smooth and efficient implementation of civil protection and disaster management actions shall be provided.

Evaluation system
Article 31
The Commission shall ensure coherence of the level of training and its content. To that end, the Commission shall organise an appropriate evaluation system of the training actions organised.

Exercise programme, strategic framework and priorities
Article 32
1. A programme of civil protection exercises shall be set up and managed by the Commission.
2. The programme of civil protection exercises shall be guided by a strategic framework that sets out the objectives and roles of exercises under the Union Mechanism.
3. The exercise programme shall in particular aim at:
(a)
improving the response capacity of Member States, in particular with regard to teams and other assets provided in assistance interventions under the Union Mechanism;
(b)
improving and verifying the procedures and establishing a common approach for the coordination of assistance interventions under the Union Mechanism and reducing the response time in major disasters;
(c)
enhancing cooperation between the civil protection services of Member States and the Commission;
(d)
identifying and sharing lessons learnt;
(e)
testing the implementation of lessons learnt.
4. The general priorities of the exercise programme shall be outlined in a long-term comprehensive plan. This shall include elements of relevant disaster scenarios and capabilities.
5. The Commission shall:
(a)
develop the strategic framework and long-term comprehensive plan, in cooperation with Member States, taking into account the lessons learnt programme and other relevant information;
(b)
set out the objectives of the exercises as well as their role in relation to other components of the Union Mechanism; and
(c)
make an annual proposal in the work programme for specific exercise priorities in line with the long-term comprehensive plan.

Monitoring, analysing and evaluating
Article 33
1. The Commission and Member States shall share data, information and assessments necessary for them to monitor, analyse and evaluate all the relevant civil protection actions within the Union Mechanism.
2. The Commission shall set up and manage a database which can be used by Member States and the Commission to collect and share data, to disseminate identified lessons, and to maintain an overview over their implementation status.
3. The Commission shall facilitate the identification of lessons with relevant stakeholders, including through the organization of meetings.

Promoting implementation
Article 34
1. The Commission shall ensure that lessons which have been identified by the Commission, Member States and relevant stakeholders feed into the decision-making process for further developing the Union Mechanism.
2. In particular, identified lessons shall contribute to the setting of:
(a)
priorities of the training programme, including where appropriate the content and curricula of the training courses, and the exercises programme;
(b)
priorities of the yearly calls for prevention and preparedness projects; and
(c)
priorities of the planning activities referred to in Article 10 of Decision No 1313/2013/EU.
3. The Commission shall regularly report on the lessons learnt programme, listing relevant identified lessons, the remedial actions foreseen, responsibilities and timeframes, as well as the implementation status of the lessons.
4. Member States shall periodically report on progress made in the implementation of identified lessons which fall into their national responsibility.

Requests for assistance and response
Article 35
1. When a disaster occurs within the Union, or is imminent, upon receiving a request for assistance via CECIS, the Commission shall, as appropriate and without delay, carry out the actions provided for in Article 15(3) of Decision No 1313/2013/EU.
2. When a disaster occurs outside the Union, or is imminent, which may require civil protection assistance, the Commission may inform the third country of the possibilities to request assistance under the Union Mechanism.
3. A Member State or a third country affected by a disaster or threatened by an imminent disaster shall, if they wish to request assistance through the Union Mechanism, address a written request for civil protection assistance to the ERCC through its competent national authorities. If they wish to request assistance through the Union Mechanism, the United Nations and its agencies, or any of the international organisations specified in Annex VII, shall address a written request for civil protection assistance to the ERCC.
4. The requester of assistance shall provide the ERCC with all relevant information concerning the situation, and in particular specific needs, the support requested, and the location.
5. The requester of assistance shall inform the ERCC about the time frame, the entry point, and the location for which the assistance is requested, and the on-site operational contact point managing the disaster.
6. The ERCC shall prepare, to the extent possible, specific deployment plans for every request for assistance. They shall include recommendations for the provision of assistance, including invitations to deploy modules, technical assistance and support teams, other response capacities and experts registered in the EERC, and an assessment of possible critical needs. Specific deployment plans shall follow the structure and outline specified in Annex VI and be based on the general pre-developed plans referred to in Articles 15(3)(c) and 16(3)(b) of Decision No 1313/2013/EU, which shall cover the most relevant types of disaster risks and take into account the risk scenarios identified in Member States’ risk assessments. The specific deployment plans shall be transmitted to all Member States.
7. The following criteria, the priority of which may depend on the specifics of the request for assistance, shall be considered in the process of selecting among capacities in the EERC:
(a)
availability;
(b)
suitability;
(c)
location/proximity;
(d)
estimated transport times and costs;
(e)
prior experience;
(f)
prior use of the asset;
(g)
other relevant criteria, such as language capabilities, cultural proximity.
8. Unless otherwise agreed with Member States, the ERCC shall not invite Member States to deploy specific capacities from the EERC to areas of armed conflict, threats thereof, or other conditions where the safety and security of teams is at risk.
9. Member States to which an invitation is addressed to deploy capacities from the EERC shall, in accordance with Article 11(7) of Decision No 1313/2013/EU, communicate their ultimate decision on deployment to the ERCC. The ERCC shall specify the time limit within which the Member State shall in principle reply. This deadline shall be based on the nature of the disaster and shall in any case not be less than two hours.
10. The requester of assistance shall inform the ERCC which offers of assistance it has accepted.
11. Where assistance is necessary to address a critical need and the assistance is not, or not sufficiently, available in the EERC, the Commission shall immediately inform all national contact points via CECIS of available Union financial support for transport, pursuant to Article 23(3)(b) of Decision No 1313/2013/EU.
12. With regard to requests for intervention teams and means, the ERCC shall inform Member States of the selection of the requester of assistance. Member States providing the assistance shall keep the ERCC regularly informed on the dispatch of the intervention teams and means, including all capacities that are part of the EERC.
13. The Commission may select, appoint and dispatch an expert team for support on site in accordance with Article 17 of Decision No 1313/2013/EU.

Expert missions
Article 36
1. The dispatched experts shall carry out the tasks set out in Article 8(d) of Decision No 1313/2013/EU. They shall report regularly to the requesting State authorities and to the ERCC.
2. The ERCC shall keep Member States informed about the progress of the expert mission.
3. The requester of assistance shall inform the ERCC on a regular basis about the evolution of ongoing activities on site.
4. In the case of interventions in third countries, the team leader shall inform the ERCC on a regular basis of the evolution of ongoing activities on site.
5. The ERCC shall compile all information received and distribute it to the contact points and competent authorities of Member States.

Operational disengagement
Article 37
1. The requesting Member State or any of the Member States providing assistance shall inform as soon as possible the ERCC and the dispatched experts and intervention teams in case they consider their assistance is no longer required or can no longer be provided. The effective disengagement shall be organised in an appropriate way by the requester of assistance and the Member States. The ERCC shall be kept informed thereof.
2. In third countries, the team leader shall report as soon as possible to the ERCC in case (s)he considers, following appropriate consultations with the requester of assistance, that the assistance is no longer required or where obstacles prevent the effective provision of assistance. The ERCC shall transmit this information to the Union delegation in that country as well as the relevant Commission services, the EEAS, and Member States. The ERCC in coordination with the requester of assistance shall ensure the effective disengagement of dispatched experts and intervention teams.

Reporting and lessons identified
Article 38
1. The competent authorities of the requester of assistance and of the Member States having provided assistance, as well as the dispatched experts, shall have the possibility to present their conclusions on all aspects of the intervention to the ERCC. A summary report shall be prepared by the ERCC on the assistance provided and any relevant lessons identified.
2. In addition to Articles 33 and 34, the ERCC together with Member States shall follow up on the implementation of identified lessons in order to improve the assistance interventions under the Union Mechanism.

Costs
Article 39
1. Unless agreed otherwise, the requester of assistance shall bear the costs of assistance provided by Member States.
2. Any Member State providing assistance may, bearing in mind in particular the nature of the disaster and the extent of any damage, offer its assistance entirely or partially free of charge. That Member State may also waive all or part of the reimbursement of its costs at any time.
3. Unless agreed otherwise, for the duration of the intervention, the requester of assistance shall facilitate board and accommodation for the assisting teams and replenish supplies and provisions free of charge. Nevertheless, assisting teams shall be initially logistically independent and self-sufficient for a reasonable period depending on the used assets and shall inform the ERCC accordingly.
4. Costs for dispatching experts and relevant logistical support shall be handled in accordance with Article 22(a) of Decision No 1313/2013/EU. These costs shall be eligible for Union funding.

Compensation for damage
Article 40
1. Member States requesting assistance shall refrain from making any request for compensation from Member States for damage caused where such damage is the consequence of assistance intervention provided under the Union Mechanism and this Decision, unless it is proven to be the result of fraud or serious misconduct.
2. In the event of damage suffered by third parties as the result of assistance interventions, the Member States requesting assistance and the Member State providing assistance shall cooperate to facilitate compensation of such damage in accordance with applicable laws and relevant frameworks.

Categories of experts
Article 41
Member States shall classify the experts in the following categories:
(a)
technical experts;
(b)
assessment experts;
(c)
coordination experts;
(d)
team leaders.

Tasks and functions
Article 42
1. The technical experts shall be able to provide advice on specific, highly technical topics and on risks involved and be available for missions.
2. The assessment experts shall be able to provide an assessment of the situation and advise on the appropriate action to be taken and be available for missions.
3. The coordination experts may include deputy team leaders, persons responsible for logistics and communications and other personnel as necessary. If requested, the technical experts and the assessment experts may be incorporated into the coordination team in order to assist the team leader for the whole duration of a mission.
4. The team leader shall be responsible for leading the assessment and coordination team during an intervention. The team leader shall assume proper liaison with the authorities of the affected country, with the ERCC, including ERCC liaison officer, with other international organisations and, in case of any assistance interventions under the Union Mechanism outside Member States, also with the Union delegation in that country.
5. Experts deployed on preparedness assignments may be mandated by the Commission in agreement with their nominating Member State to assume any of the functions specified in Article 41 and shall be able to provide advice and report on adequate preparedness measures, including administrative capacity, needs for early warning, training, exercises, and awareness-raising.
6. Experts deployed on prevention assignments may be mandated by the Commission in agreement with their nominating Member State to assume any of the functions specified in Article 41 and shall be able to provide advice and report on adequate prevention measures and risk management capability.

Expert database
Article 43
1. The information on the experts shall be compiled by the Commission in an expert database and be made available through the CECIS.
2. Experts included in the EERC shall be specifically identified in the database referred to in paragraph 1.

Training requirements
Article 44
The experts shall, where necessary, follow the training programme set up in accordance with Article 26.

Nomination
Article 45
In the event of a request for assistance, Member States shall be responsible for nominating the available experts and for sharing their contact details with the ERCC.

Mobilisation and agreement of service
Article 46
1. The ERCC shall be capable of mobilising and dispatching the designated experts at very short notice after the experts have been nominated for the specific mission by Member States.
2. The Commission shall sign with each expert an agreement of service, which covers the following elements:
(a)
the objectives of the mission;
(b)
terms of reference;
(c)
the envisaged duration of the mission;
(d)
the local contact person information;
(e)
the insurance condition coverage;
(f)
the daily allowance to cover expenses;
(g)
the specific payment conditions;
(h)
guidelines for technical experts, assessment experts, coordination experts and team leaders.

Forms of transport support
Article 47
Transport support may take the form of:
(a)
pooling or sharing of transport capacities;
(b)
identifying, and facilitating Member States’ access to, transport resources on the commercial market and or from other sources; or
(c)
providing Union support to Member States through grants or through transport services procured from private or other entities.

Procedure for transport support through the Union Mechanism
Article 48
1. The procedures provided for in Articles 49 and 50 shall apply whenever a request is made for transport support.
2. Requests shall be issued by the competent authority referred to in Article 56 and sent to the Commission in writing. They shall contain the information provided for in Part A of the Annex VIII.
3. In case of pooling of transport capacities, one Member State may take the lead in requesting Union financial support for the entire operation.
4. All requests for transport support under this Decision and related replies and exchanges of information between Member States and the Commission shall be transmitted to and processed by the ERCC.
5. Requests shall be transmitted through CECIS or electronic mail. Transmission of requests involving Union financing by CECIS, telefax, or electronic mail are accepted provided that the originals signed by the competent authority are subsequently provided to the Commission without delay.
6. However, the Commission may implement an electronic exchange system for all exchanges with beneficiaries, including the conclusion of grant agreements, the notification of grant decisions and any amendments thereto, pursuant to Article 179 of Commission Delegated Regulation (EU) No 1268/2012(5).

Requests for transport support
Article 49
1. The Commission shall, upon receipt of a request for support, immediately notify the contact points, designated by Member States under Article 9(7) of Decision No 1313/2013/EU.
2. In the notification, the Commission may, where appropriate, invite Member States to provide it with details of any transport resources which they can make available to the Member State making the request or any other alternative solution they can propose to meet the needs expressed by the affected country. The Commission may indicate a maximum period of time for providing this information.
3. Upon the notification of contact points by the Commission referred to in paragraph 1 the requested transport support shall become eligible for Union co-financing, without prejudice to Article 53.

Replies to requests for transport support
Article 50
1. Member States which can provide transport support shall inform the Commission as soon as possible, and at the latest within 24 hours of receiving the notification referred to in Article 49 unless otherwise specified in the notification, of any transport resources they can make available on a voluntary basis in response to the request for support for pooling or identifying transport resources. That information shall contain the elements provided for in Part B of Annex VIII and include information on financial conditions or other restrictions, if any.
2. The Commission shall, as soon as possible, compile the information on available transport resources and forward it to the Member State making the request.
3. In addition to the information referred to in paragraph 2, the Commission shall forward to Member States any other information it has concerning transport resources available from other sources, including the commercial market and shall facilitate the access of Member States to those additional resources.
4. The Member State making the request shall inform the Commission of the transport solutions it has selected and shall liaise with Member States providing such support or the operator identified by the Commission.
5. The Commission shall inform all Member States of the selection made by the Member State making the request. That Member State shall keep the Commission regularly informed of the progress in the delivery of its civil protection assistance.

Request for a grant
Article 51
1. Where a possible transport solution has been identified by a Member State but Union funding is required to allow the transport of the civil protection assistance, the Member State may request a grant from the Union.
2. The Member State shall indicate in its request the percentage of Union co-financing it applies for, which shall not exceed 55 % of the eligible costs for transport actions under Article 23(2) of Decision No 1313/2013/EU and not exceed a maximum of 85 % of the eligible costs for transport actions under Article 23(3)(a) and (b) of Decision No 1313/2013/EU. The Commission shall immediately inform all Member States of the request.
3. The Commission may establish framework partnerships with the relevant competent authorities of Member States as referred to in Article 178 of Delegated Regulation (EU) No 1268/2012.

Request for a transport service
Article 52
1. In cases where no transport solution has been identified by the Member State requesting transport support, it may request the Commission to contract a transport service to private or other entities in order to transport its civil protection assistance to the affected country.
2. Upon receipt of a request as referred to in paragraph 1, the Commission shall immediately inform all Member States of the request and shall inform the Member State requesting a transport service of any available transport solutions and their costs.
3. On the basis of the exchange of information referred to in paragraphs 1 and 2, the Member State shall confirm in writing its request for a transport service and its commitment to reimburse the Commission according to the provisions of Article 54. The Member State shall indicate what percentage of the costs it will reimburse. That percentage shall be no less than 45 % for transport actions under Article 23(2) of Decision No 1313/2013/EU and 15 % for transport actions under Article 23(3)(a) and (b) of Decision No 1313/2013/EU.
4. The Member State shall immediately notify the Commission of any changes to the request for a transport service.

Decision on Union financing for transport support
Article 53
1. In order to determine whether the criteria set out in Article 23(1)(d) of Decision No 1313/2013/EU and the principles of economy, efficiency and effectiveness of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council(6)are met, the following shall be taken into account:
(a)
the information contained in the request for Union financing presented by the Member State according to Article 48(2);
(b)
the needs expressed by the affected country;
(c)
any needs assessments carried out by experts reporting to the Commission during the disaster;
(d)
other relevant and reliable information available to the Commission at the time of the decision provided by Member States and by international organisations;
(e)
the efficiency and effectiveness of transport solutions designed to ensure the timely delivery of civil protection assistance;
(f)
possibilities for local procurement;
(g)
other actions undertaken by the Commission.
2. Member States shall provide any additional information needed to assess the fulfilment of the criteria set out in Article 23(1)(d) of Decision No 1313/2013/EU. Member States shall inform the Commission as soon as possible upon receipt of a request from the Commission for such information.
3. The Commission shall indicate the pre-financing to be paid, which may be up to 85 % of the requested Union financial contribution, subject to the availability of budgetary resources. No pre-financing shall be provided for grants below the threshold established for low value grants as defined in Article 185 of Delegated Regulation (EU) No 1268/2012, unless the Member State requesting financial support can demonstrate that the absence of pre-financing would compromise the implementation of the action.
4. The decision on financial support shall be communicated immediately to the Member State requesting financial support. It shall also be communicated to all other Member States.
5. Individual transport grant applications for which the Union financial contribution requested is less than EUR 2 500 are not eligible for Union co-financing, except if covered by the framework partnerships referred to in Article 51(3).

Reimbursement of Union financing for transport support
Article 54
For the costs incurred by the Commission under the procedure set out in Article 52, the Commission shall issue, within 90 days of the completion of the transport operation for which a Union financial support was granted, a debit note to the Member States having benefited from the Union financing for an amount corresponding to the provisions of the decision made by the Commission on the request for a transport service and representing at least 15 % of the transport costs for transport actions under Article 23(3) of Decision No 1313/2013/EU and 45 % for transport actions under Article 23(2) of Decision No 1313/2013/EU.

Compensation for damage
Article 55
The Member State requesting transport support shall refrain from making any request for compensation from the Union for damage caused to its property or service staff where such damage is the consequence of the provision of transport support governed by this Decision, unless it is proven to be the result of fraud or serious misconduct.

Designation of competent authorities
Article 56
Member States shall designate the competent authorities authorised to request and receive financial support from the Commission in application of this Decision and shall inform the Commission thereof within 60 days after notification of this Decision. Any changes in that information shall be immediately notified to the Commission.
However, notifications of competent authorities made by Member States under Article 12 of Decision 2007/606/EC, Euratom, shall remain valid until further notice from the concerned Member State.

Repeal
Article 57
Decisions 2004/277/EC, Euratom and 2007/606/EC, Euratom are repealed. References to the repealed Decisions shall be construed as references to this Decision and read in accordance with the correlation table in Annex IX.

Addressees
Article 58
This Decision is addressed to the Member States.

THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Decision No 1313/2013/EU of the European Parliament and the Council of 17 December 2013 on a Union Civil Protection Mechanism(1), and in particular Article 32(1) thereof,
(1) The general objective of the Union Civil Protection Mechanism (‘Union Mechanism’) is to strengthen the cooperation between the Union and the Member States and to facilitate coordination in the field of civil protection in order to improve the effectiveness of systems for preventing, preparing for and responding to natural and man-made disasters.
(2) As disasters can strike at any time, the Emergency Response Coordination Centre (ERCC) established under Article 7 of Decision No 1313/2013/EU should ensure at all times close contact with the contact points of Member States.
(3) The Common Emergency Communication and Information System (CECIS) is an essential element of the Union Mechanism because it should guarantee authenticity, integrity and confidentiality of information exchanged among the Member States under routine conditions as well as in emergencies. A separate version of CECIS providing access to the secretariats of the regional sea conventions and third countries sharing a regional sea basin with the Union should be created in view of the specificities of the response to marine pollution incidents.
(4) In order to ensure operational effectiveness, minimum requirements should be defined for the modules, other response capacities and experts identified in accordance with Article 9(1) of Decision No 1313/2013/EU, as well as for their operational requirements, functioning, and interoperability, as provided for in Article 9(2) of Decision No 1313/2013/EU. In particular, modules should be capable of working self-sufficiently for a given period of time, be quick to deploy, and interoperable. In order to enhance the interoperability of modules, measures are needed at Union and Member State levels.
(5) The capacity goals for the European Emergency Response Capacity (EERC) should be defined and regularly reviewed in order to have a sufficient number of all necessary types of modules, other response capacities, and experts available for deployments under the Union Mechanism. The quality and interoperability requirements should be defined and regularly reviewed to ensure a uniform minimum level of quality and interoperability of all capacities participating in the EERC.
(6) A certification and registration procedure, including self-assessment elements, should be defined to confirm that capacities in the voluntary pool fulfil all necessary requirements and, where necessary, benefit from limited Union co-financing of ‘adaptation costs’. This certification and registration procedure should, moreover, ensure an adequate geographic balance of capacities in accordance with the location of risks, and consider the participation of all interested Member States.
(7) The identification of possible response capacity gaps of the EERC should allow the Commission and Member States to determine together where adequate capacities are not available inside or outside the voluntary pool. Member States addressing them individually or through consortia should benefit from limited Union co-financing provided this is cost-effective and confirmed by risk-assessments.
(8) In order to develop the functioning of the EERC, limited amounts of Union co-financing through framework contracts, framework partnership agreements or similar arrangements should support Member States’ access to additional capacities to address temporary shortcomings in extraordinary disasters, i.e. disasters of a nature and magnitude going beyond what can reasonably be expected and prepared for. These capacities should be included in the voluntary pool for deployments under the Union Mechanism.
(9) The Union Mechanism training programme continues to represent an essential element for the preparedness of civil protection and disaster management personnel deployed in the context of the Union Mechanism. In line with the scope defined in Article 13(1) of Decision No 1313/2013/EU, it should cover prevention, preparedness, and response phases.
(10) The Union Mechanism exercise programme should continue its essential role for the practical preparedness for deployments involving the Union Mechanism and the sharing of lessons learnt from civil protection actions conducted within the framework of the Union Mechanism. The exercise programme should be guided by a strategic framework, setting out objectives and roles of exercises under the Union Mechanism, as well as by specific priorities included in the annual work programmes.
(11) A systematic, focused and coherent approach for gathering, analysing, disseminating and implementing the lessons learnt, covering the entire disaster management cycle, should be established.
(12) In the framework of the Union Mechanism, clear operational procedures for the response to disaster under the Mechanism are important to ensure efficient assistance in case of disasters, including for the relevant international organisations identified in accordance with Article 16(1) of Decision No 1313/2013/EU.
(13) In order to allow for a maximum of effectiveness and efficiency of the Union Mechanism, all requests for and offers of assistance should be as specific as possible including all necessary information.
(14) In order to ensure effective coordination of assistance, the ERCC should share its assessment of critical needs and its recommendations for deployments from the voluntary pool with all Member States and develop adequate deployment plans for every request for assistance. The selection of capacities from the voluntary pool should be based on specific and objective criteria, the priority of which should be assessed in the light of current operational needs.
(15) In order to improve, where appropriate, the response times under the Union Mechanism, Member States should make necessary pre-arrangements for the deployment of their capacities registered in the voluntary pool.
(16) The availability of technical, assessment, and coordination, experts, including team leaders, represents an important element of the Union Mechanism. The tasks and functions of the experts should be defined and the procedure for deploying them should be determined.
(17) Article 23 of Decision No 1313/2013/EU sets out special provisions to provide transport support in the event of a disaster to facilitate a rapid and effective response with the help of the Union Mechanism. It is necessary to establish the rules and procedures for the requests made by Member States to obtain financial support from the Union to transport assistance to the affected country and the handling of those requests by the Commission.
(18) For reasons of transparency, coherence and effectiveness it is necessary to establish the information to be provided in the requests for transport support and related replies by Member States and the Commission.
(19) Where Union financial assistance may be provided in accordance with Decision No 1313/2013/EU, Member States should have the choice to request either a grant or a transport service.
(20) Commission Decisions 2004/277/EC, Euratom(2)and 2007/606/EC, Euratom(3)should be repealed.
(21) The measures provided for in this Decision are in accordance with the opinion of the Civil Protection Committee,
HAS ADOPTED THIS DECISION:

Subject matter

This Decision lays down detailed rules for the implementation of Decision No 1313/2013/EU, as regards:
(a)
the interaction of the Emergency Response Coordination Centre (‘ERCC’) with Member States’ contact points;
(b)
the components of the Common Emergency Communication and Information System (‘CECIS’) as well as the organisation of information sharing through CECIS;
(c)
the identification of modules, other response capacities and experts, as well as the operational requirements for the functioning and interoperability of modules, including their tasks, capacities, main components, self-sufficiency and deployment;
(d)
the capacity goals, the quality and interoperability requirements and the certification and registration procedure necessary for the functioning of the EERC, including financial arrangements;
(e)
identifying and filling gaps in the EERC;
(f)
the organisation of the training programme, exercise framework and lessons learnt programme;
(g)
the operational procedures for the response to disasters within as well as outside the Union, including identification of relevant international organisations;
(h)
the process for deploying expert teams;
(i)
the organisation of support for the transport of assistance.

Definitions

For the purposes of this Decision, the following definitions shall apply:
(1)
‘requester of assistance’ means the Member State or a third country affected by a disaster or imminent disaster or expecting to be affected by an imminent disaster, as well as the United Nations and its agencies and other relevant international organisations as specified in Annex VII;
(2)
‘civil protection assistance’ means teams, experts or modules intended for civil protection, with their equipment, as well as relief materials or supplies needed to mitigate the immediate consequences of a disaster;
(3)
‘buffer capacities’ means disaster response capacities, the availability of and rapid access to which are co-financed under Article 21(2)(d) of Decision No 1313/2013/EU;
(4)
‘intervention team’ means the human and material resources, including modules, set up by one or more Member States for civil protection interventions;
(5)
‘technical assistance and support team’ means the human and material resources set-up by one or more Member States to fulfil support tasks, as referred to in Annex II.

Interaction of the ERCC with Member States' contact points

1. Each Member State shall designate a national contact point for the ERCC available 24 hours a day and seven days a week. The designation shall be made using the ‘Country card template’ set out in Annex I.
2. The ERCC shall maintain close contact with the contact points of Member States for the purpose of carrying out its regular duties and the response operations provided for in this Decision and Decision No 1313/2013/EU.

CECIS layers

The CECIS shall include the following three components:
(a)
a network layer, connecting the competent authorities and the contact points in Member States and the ERCC;
(b)
an application layer, consisting of the databases and other information systems necessary for the functioning of the Union Mechanism and in particular those needed:
(i)
for communicating notifications,
(ii)
for ensuring communication and information sharing between the ERCC and competent authorities and the contact points,
(iii)
for disseminating lessons learnt from interventions;
(c)
a security layer, consisting of the set of systems, rules and procedures necessary for ensuring the authenticity, integrity and confidentiality of the data stored in and exchanged via the CECIS.

Information security

1. The CECIS shall be capable of handling documents, databases, and information systems in a secure way through the Secure Trans European Services for Telematics between Administrations (sTESTA) or a comparable network.
2. Documents and information classified as ‘EU CONFIDENTIAL’ or higher, shall be transmitted pursuant to special arrangements between the originator and the recipient(s) as set out in Commission Decision 2001/844/EC, ECSC, Euratom(4).

Information and update

1. Member States shall submit to the Commission the appropriate information using the ‘Country card template’ set out in Annex I.
2. Member States shall provide information on contact points and, where necessary, of other services handling natural, technological, and radiological disasters or environmental accidents, including accidental marine pollution.
3. Member States shall notify the Commission of any changes to the information referred to in paragraphs 1 and 2 immediately.
4. The CECIS database shall contain a designated section with information on the registration and availability of response capacities in the EERC. The Commission shall ensure continuous access for national civil protection contact points.
5. Member States shall ensure that the designated section in the CECIS database is always up-to-date as regards the availability status and all necessary factual data concerning the relevant characteristics of all registered response capacities in the EERC.
6. Where appropriate, Member States may grant read only access in the CECIS to other relevant national authorities.

CECIS user group

A user group consisting of representatives nominated by Member States shall assist the Commission in the validation, testing, and further development of the CECIS.

Implementation and further development

1. The Commission shall manage and further develop the CECIS, taking into account the needs and requirements of Member States.
2. Member States shall implement the appropriate CECIS information technology environment on their territory in accordance with the commitments made using the ‘Country card template’ set out in Annex I.

Marine pollution CECIS

1. The Commission shall ensure that a specialised CECIS application accessible to Member States and the European Maritime Safety Agency through the internet is available for marine pollution to reflect the specificities of the response to maritime incidents.
2. The application shall, through the internet, also be open to third countries sharing a regional sea basin with the Union. Access may also be given on an ad hoc basis to the secretariats of the relevant regional sea conventions.

Registration of modules, technical assistance and support teams, other response capacities and experts

1. Member States shall register their modules, technical assistance and support teams, other response capacities and experts identified in accordance with Article 9(6) of Decision No 1313/2013/EU in the CECIS database.
2. The modules, technical assistance and support teams, other response capacities and experts pre-committed to the EERC shall be registered in a designated section of the CECIS database.
3. The information referred to in paragraphs 1 and 2 shall be updated as necessary.

Composition of modules, technical assistance and support teams, other response capacities and experts

1. Modules as well as technical assistance and support teams may be composed of resources provided by one or more Member States.
2. Where a module or a technical assistance and support team are composed of more than one component, the deployment of that module or technical assistance and support team in an intervention may be limited to the components necessary for that intervention.

Self-sufficiency of modules

1. The following elements of self-sufficiency shall apply to each module as specified in Annex II:
(a)
appropriate shelter for the prevailing weather;
(b)
power generation and lighting covering the consumption of the base of operation and of the equipment required to fulfil the mission;
(c)
sanitation and hygiene facilities destined for the personnel of the module;
(d)
availability of food and water for the personnel of the module;
(e)
medical or paramedical staff, facilities and supplies for the personnel of the module;
(f)
equipment storage and maintenance of the equipment of the module;
(g)
equipment for the communication with the relevant partners, notably those in charge of the coordination on site;
(h)
local transportation;
(i)
logistics, equipment and staff enabling the setting-up of a base of operations and the beginning of the mission without delay upon arrival on site.
2. Compliance with the self-sufficiency requirements shall be guaranteed by the offering Member State through any of the following elements:
(a)
including in the module the necessary staff, equipment and consumables;
(b)
making the necessary arrangements on the site of operations;
(c)
making the necessary pre-arrangements to combine a non-self-sufficient intervention team with a technical assistance and support team in order to comply with the requirements referred to in Article 13 prior to the registration of the module concerned in accordance with Article 10(1).
3. The period for which self-sufficiency must be guaranteed at the onset of the mission may not be shorter than either of the following:
(a)
96 hours;
(b)
the periods laid down in Annex II.

Requirements for modules and technical assistance and support teams

1. The modules shall comply with the general requirements set out in Annex II.
2. Technical assistance and support teams shall comply with the general requirements set out in Annex II.
3. The general requirements set out in Annex II shall be reviewed from time to time.
4. Member States shall take the necessary measures to ensure that:
(a)
modules have the capability to operate with other modules;
(b)
technical assistance and support teams have the capability to operate with other technical assistance and support teams and with relevant actors on the ground;
(c)
components of a module have the capability to operate together as one module;
(d)
components of a technical assistance and support team have the capability to operate together as one technical assistance and support team;
(e)
modules and technical assistance and support teams, when deployed outside the Union, are able to operate with international disaster response capabilities supporting the affected country;
(f)
team leaders, deputy team leaders and liaison officers of modules and technical assistance and support teams participate in appropriate training courses and exercises organised by the Commission, as set out in Articles 26-32.

Capacity goals

1. The capacity goals of the EERC shall be as specified in Annex III.
2. The Commission in cooperation with Member States shall assess the suitability of the capacity goals at least every second year and, if necessary, revise them on the basis of risks identified in national risk assessments or other appropriate national or international sources of information.
3. Member States shall provide to the Commission relevant information on risks necessary for the assessment of the capacity goals.

Quality and interoperability requirements

1. The quality and interoperability requirements specified in Annex IV shall apply to modules, technical assistance and support teams, other response capacities and experts in the EERC.
2. The Commission in cooperation with Member States shall assess the suitability of the quality and interoperability requirements at least every second year and, if necessary, revise them. The quality requirements shall be based on established international standards where they already exist.

Certification and registration procedure

1. The certification and registration procedures specified in paragraphs 2 to 8 shall apply to modules, technical assistance and support teams, other response capacities and experts in the EERC.
2. Certification and registration shall be subject to the fulfilment of the quality requirements set out in Annex IV, except for buffer capacities, for which Article 25(3) shall apply.
3. Member States offering a particular module, technical assistance and support team, other response capacity, or expert for inclusion in the EERC, shall provide the information elements set out in Annex V.
4. The Commission shall assess whether the module, technical assistance and support team, other response capacity, or expert in question can be considered for inclusion in the EERC and communicate its conclusions without delay to the relevant Member State. In this assessment, the Commission shall consider in particular the fulfilment of the quality requirements, the capacity goals, the completeness of the information provided, the geographic proximity and participation of all Member States, as well as other relevant factors which it shall determine upfront and which shall be applicable to all comparable modules, technical assistance and support teams, other response capacities, or experts.
5. If considered for inclusion in the EERC, the Commission shall initiate the certification procedure for the module, technical assistance and support team, other response capacity, or expert on the basis of the information provided, and any additional information the Commission may request to the relevant Member State authority. In cases where, on the basis of available information, the Commission considers the quality and interoperability requirements fulfilled, it may register the module, technical assistance and support team, other response capacity, or expert in the voluntary pool.
6. The Commission shall communicate in writing to the relevant Member State authority its assessment of required trainings, exercises, and/or workshops, and other relevant certification and registration conditions.
7. If all certification conditions are fulfilled the Commission shall declare certified the module, technical assistance and support team, other response capacity, or expert for the EERC and communicate this to the Member State.
8. The certification of a module, technical assistance and support team, other response capacity, or expert should be reassessed at the latest after 3 years, if the asset is submitted for reregistration into the EERC.
9. The Commission in cooperation with Member States shall assess the suitability of the certification and registration procedure at least every second year and, if necessary, revise it.

Financial arrangements for adaptation costs

1. Member States may request a grant for the financing of adaptation costs individually per module, technical assistance and support team, or other response capacity, without the Commission publishing a call for proposals. Adaptation costs comprise the cost elements specified in Article 21(2)(c) of Decision No 1313/2013/EU.
2. In order to substantiate this request, Member States shall submit to the Commission implementation plans for adaptation costs, including estimated costs and timeline.
3. The Commission shall assess and, where the relevant requirements are met, approve the implementation plans referred to in paragraph 2, specifying which of the respective costs are eligible as adaptation costs.
4. Following evaluation of the request, the Commission shall take the award decision.
5. Member States shall report to the Commission on the details of the costs incurred for adaptation costs.

Monitoring progress towards the capacity goals

The Commission in cooperation with Member States shall continuously monitor progress towards the capacity goals, taking into account capacities identified under Article 20, and shall regularly inform Member States of its assessment of the progress made. The Commission shall inform Member States in the necessary detail about any remaining response capacity gaps.

Procedure for identifying response capacity gaps

1. As part of monitoring the progress towards the capacity goals, the Commission, in cooperation with Member States, shall assess the difference between Member States’ registered capacities in the EERC and the capacity goals set out in Annex III.
2. The Commission and Member States shall consider as the capacities committed to the EERC only those capacities that have been registered as being made available by Member States to the EERC, in accordance with Article 16.

Procedure for identifying response capacities outside the EERC

1. Where the Commission together with Member States has identified potentially significant response capacity gaps in accordance with Article 19 of this Decision, it shall, in cooperation with Member States, examine whether the necessary capacities are available outside the EERC, in accordance with Article 12(2) of Decision No 1313/2013/EU.
2. The Commission shall consider as available outside the EERC only the following capacities:
(a)
capacities registered in CECIS;
(b)
buffer capacities; or
(c)
capacities not covered by points (a) and (b) but that may be made readily available to the Member State or Member States in the required quantities, at the required location, within the required timeframe, for the required duration.
3. For the purpose of ascertaining the capacities referred to in point (c) of paragraph 2, the Commission shall address a request to national contact points setting out the details of the assessment of potentially significant response capacity gaps and inviting Member States to provide information on any capacities available outside the EERC as referred to in point (c) of paragraph 2.
4. The Commission shall specify in the request a deadline for responding of up to 60 calendar days, the exact duration of which shall depend on the expected complexity of ascertaining the capacities referred to in paragraph 2 by Member States.
5. Member States shall inform the Commission in writing within the set deadline of the details of any capacities referred to in paragraph 2.
6. Where a Member State does not reply in writing within the specified deadline the Commission shall assume for the purpose of this assessment that no capacities referred to in paragraph 2 are available in that Member State.
7. Based on the information received from Member States and taking into account only those capacities referred to in paragraph 2 the Commission shall assess whether those capacities fill the response capacity gaps identified in accordance with Article 19 of this Decision. The Commission shall consider the capacity gaps to be filled only when the number of capacities inside the EERC and those capacities referred to in paragraph 2 combined is equal to or exceeds the capacity goals set out in Annex III.

Procedure for addressing response capacity gaps

1. Where the Commission together with Member States has identified potentially significant response capacity gaps in accordance with Article 19, which cannot be addressed in accordance with Article 20, it shall notify Member States in writing, detailing what it considers to be strategic response capacity gaps.
2. The Commission shall invite Member States in writing to address the strategic response capacity gaps, in accordance with Article 12(3) of Decision No 1313/2013/EU.
3. Member States shall communicate to the Commission if, when, and how they plan to address the strategic response capacity gaps, either individually or through cooperating with other Member States.

Commission support in addressing strategic response capacity gaps

1. When Union funding is required to address strategic response capacity gaps in accordance with Articles 12(3) and 21(1)(j) of Decision No 1313/2013/EU, the Commission shall publish a call for proposals to support Member States.
2. In responding to the call for proposals, Member States shall comply with Article 21(1)(j)(iii) and (iv) of Decision No 1313/2013/EU.
3. Member States shall indicate, inter alia, the percentage of Union co-financing required.

Eligible costs for support in addressing response capacity gaps

1. All costs of the equipment, services or human resources necessary to initially set-up the response capacities shall be eligible.
2. Ongoing maintenance costs or running costs shall not be eligible.

Financial arrangements

1. The Commission shall define in the annual work programme the required types and numbers of buffer capacities in general terms, taking into account the possibility of certain extraordinary types of disasters in Member States, as well as an extraordinary intensity, or other factors making a disaster extraordinary, such as a coincidence with another disaster, as well as the potential for temporary shortcomings in such scenarios.
2. The Commission shall regularly launch the necessary financial procedures to cover the costs defined in Article 21(2)(d) of Decision No 1313/2013/EU in order to ensure rapid access to the buffer capacities defined in the annual work programme.
3. Buffer capacities co-financed by the Commission shall top-up the existing response capacities that Member States have available as part of their national preparedness, and shall not substitute existing response capacities.

Conditions for the Union's financial contribution

1. The Union’s financial contribution shall be conditional upon the acceptance by the Member States taking part in the financial procedures foreseen in Article 24(2) of the conditions outlined in paragraphs 2 to 9. The Commission may specify further conditions in the financial procedures.
2. Member States shall make buffer capacities available as part of the voluntary pool.
3. Buffer capacities shall meet the necessary quality and certification requirements specified in the financial procedures foreseen in Article 24(2).
4. Buffer capacities shall be registered in the voluntary pool for the full period defined in the relevant framework contracts, framework partnership agreements or similar arrangements. Any conditions and limitations imposed by the Member State(s) registering the capacities shall be duly justified by operational requirements.
5. Buffer capacities shall not be eligible for the financial assistance referred to in Article 17.
6. The Commission shall immediately inform all Member States through CECIS of buffer capacities registered in the voluntary pool.
7. Buffer capacities registered in the voluntary pool shall be available for Union Mechanism deployments under the same general terms as other capacities registered in the voluntary pool, in accordance with Article 11 of Decision No 1313/2013/EU.
8. Following a request for assistance through the ERCC, the deployment of buffer capacities registered in the voluntary pool shall follow the operational procedures for the response to disasters outlined in Chapter 11.
9. Buffer capacities registered in the voluntary pool shall be available for domestic use in the Member States that have co-financed the availability of the capacities. Prior to the domestic use, these Member States shall consult with the ERCC to confirm that:
(i)
there is no simultaneous or imminent extraordinary disaster that may lead to a request for deployment of the buffer capacity;
(ii)
the domestic use does not unduly hinder the rapid access of other Member States in the event new extraordinary disasters arise.

Training Programme

1. A training programme covering the prevention of, preparedness for and response to disasters shall be set up. The programme shall include general and specific courses and an exchange of experts system. The programme shall be aimed at the target groups set out in Article 27.
2. The Commission shall be responsible for the coordination and organisation and for defining the content and the schedule of the training programme.

Participants

1. The target groups of the training programme shall be:
(a)
Member States’ civil protection and disaster management personnel, in particular team leaders, their deputies and liaison officers, experts of the Member States as set out in Article 41, including prevention and preparedness experts, and key staff of national contact points;
(b)
staff of the Union institutions and agencies;
(c)
selected experts from the European Neighbourhood Policy countries and candidate countries and potential candidates.
2. Participation in the training courses shall be also open to selected experts from:
(a)
the United Nations and its agencies;
(b)
the international organisations specified in Annex VII;
(c)
third countries and, where appropriate, other relevant actors.
3. Member States and the Commission shall designate their trainees for each training session.

Training courses

1. The programme shall consist of a set of courses on introduction level, operational level and management level.
2. The Commission shall in cooperation with Member States determine the set of courses, content, curricula and schedules of the system of courses, including the access requirements.
3. The Commission shall ensure that trainers and lecturers are updated on relevant developments of the Union Mechanism.

Exchange of experts

The system for the exchange of experts between Member States or with the Commission shall enable experts to:
(a)
gain and share experience;
(b)
become acquainted with various techniques and operational procedures used;
(c)
study approaches taken by other participating emergency services and institutions.

Additional training actions

Where appropriate and in accordance with the annual work programme, additional training opportunities to meet identified needs for the smooth and efficient implementation of civil protection and disaster management actions shall be provided.

Evaluation system

The Commission shall ensure coherence of the level of training and its content. To that end, the Commission shall organise an appropriate evaluation system of the training actions organised.

Exercise programme, strategic framework and priorities

1. A programme of civil protection exercises shall be set up and managed by the Commission.
2. The programme of civil protection exercises shall be guided by a strategic framework that sets out the objectives and roles of exercises under the Union Mechanism.
3. The exercise programme shall in particular aim at:
(a)
improving the response capacity of Member States, in particular with regard to teams and other assets provided in assistance interventions under the Union Mechanism;
(b)
improving and verifying the procedures and establishing a common approach for the coordination of assistance interventions under the Union Mechanism and reducing the response time in major disasters;
(c)
enhancing cooperation between the civil protection services of Member States and the Commission;
(d)
identifying and sharing lessons learnt;
(e)
testing the implementation of lessons learnt.
4. The general priorities of the exercise programme shall be outlined in a long-term comprehensive plan. This shall include elements of relevant disaster scenarios and capabilities.
5. The Commission shall:
(a)
develop the strategic framework and long-term comprehensive plan, in cooperation with Member States, taking into account the lessons learnt programme and other relevant information;
(b)
set out the objectives of the exercises as well as their role in relation to other components of the Union Mechanism; and
(c)
make an annual proposal in the work programme for specific exercise priorities in line with the long-term comprehensive plan.

Monitoring, analysing and evaluating

1. The Commission and Member States shall share data, information and assessments necessary for them to monitor, analyse and evaluate all the relevant civil protection actions within the Union Mechanism.
2. The Commission shall set up and manage a database which can be used by Member States and the Commission to collect and share data, to disseminate identified lessons, and to maintain an overview over their implementation status.
3. The Commission shall facilitate the identification of lessons with relevant stakeholders, including through the organization of meetings.

Promoting implementation

1. The Commission shall ensure that lessons which have been identified by the Commission, Member States and relevant stakeholders feed into the decision-making process for further developing the Union Mechanism.
2. In particular, identified lessons shall contribute to the setting of:
(a)
priorities of the training programme, including where appropriate the content and curricula of the training courses, and the exercises programme;
(b)
priorities of the yearly calls for prevention and preparedness projects; and
(c)
priorities of the planning activities referred to in Article 10 of Decision No 1313/2013/EU.
3. The Commission shall regularly report on the lessons learnt programme, listing relevant identified lessons, the remedial actions foreseen, responsibilities and timeframes, as well as the implementation status of the lessons.
4. Member States shall periodically report on progress made in the implementation of identified lessons which fall into their national responsibility.

Requests for assistance and response

1. When a disaster occurs within the Union, or is imminent, upon receiving a request for assistance via CECIS, the Commission shall, as appropriate and without delay, carry out the actions provided for in Article 15(3) of Decision No 1313/2013/EU.
2. When a disaster occurs outside the Union, or is imminent, which may require civil protection assistance, the Commission may inform the third country of the possibilities to request assistance under the Union Mechanism.
3. A Member State or a third country affected by a disaster or threatened by an imminent disaster shall, if they wish to request assistance through the Union Mechanism, address a written request for civil protection assistance to the ERCC through its competent national authorities. If they wish to request assistance through the Union Mechanism, the United Nations and its agencies, or any of the international organisations specified in Annex VII, shall address a written request for civil protection assistance to the ERCC.
4. The requester of assistance shall provide the ERCC with all relevant information concerning the situation, and in particular specific needs, the support requested, and the location.
5. The requester of assistance shall inform the ERCC about the time frame, the entry point, and the location for which the assistance is requested, and the on-site operational contact point managing the disaster.
6. The ERCC shall prepare, to the extent possible, specific deployment plans for every request for assistance. They shall include recommendations for the provision of assistance, including invitations to deploy modules, technical assistance and support teams, other response capacities and experts registered in the EERC, and an assessment of possible critical needs. Specific deployment plans shall follow the structure and outline specified in Annex VI and be based on the general pre-developed plans referred to in Articles 15(3)(c) and 16(3)(b) of Decision No 1313/2013/EU, which shall cover the most relevant types of disaster risks and take into account the risk scenarios identified in Member States’ risk assessments. The specific deployment plans shall be transmitted to all Member States.
7. The following criteria, the priority of which may depend on the specifics of the request for assistance, shall be considered in the process of selecting among capacities in the EERC:
(a)
availability;
(b)
suitability;
(c)
location/proximity;
(d)
estimated transport times and costs;
(e)
prior experience;
(f)
prior use of the asset;
(g)
other relevant criteria, such as language capabilities, cultural proximity.
8. Unless otherwise agreed with Member States, the ERCC shall not invite Member States to deploy specific capacities from the EERC to areas of armed conflict, threats thereof, or other conditions where the safety and security of teams is at risk.
9. Member States to which an invitation is addressed to deploy capacities from the EERC shall, in accordance with Article 11(7) of Decision No 1313/2013/EU, communicate their ultimate decision on deployment to the ERCC. The ERCC shall specify the time limit within which the Member State shall in principle reply. This deadline shall be based on the nature of the disaster and shall in any case not be less than two hours.
10. The requester of assistance shall inform the ERCC which offers of assistance it has accepted.
11. Where assistance is necessary to address a critical need and the assistance is not, or not sufficiently, available in the EERC, the Commission shall immediately inform all national contact points via CECIS of available Union financial support for transport, pursuant to Article 23(3)(b) of Decision No 1313/2013/EU.
12. With regard to requests for intervention teams and means, the ERCC shall inform Member States of the selection of the requester of assistance. Member States providing the assistance shall keep the ERCC regularly informed on the dispatch of the intervention teams and means, including all capacities that are part of the EERC.
13. The Commission may select, appoint and dispatch an expert team for support on site in accordance with Article 17 of Decision No 1313/2013/EU.

Expert missions

1. The dispatched experts shall carry out the tasks set out in Article 8(d) of Decision No 1313/2013/EU. They shall report regularly to the requesting State authorities and to the ERCC.
2. The ERCC shall keep Member States informed about the progress of the expert mission.
3. The requester of assistance shall inform the ERCC on a regular basis about the evolution of ongoing activities on site.
4. In the case of interventions in third countries, the team leader shall inform the ERCC on a regular basis of the evolution of ongoing activities on site.
5. The ERCC shall compile all information received and distribute it to the contact points and competent authorities of Member States.

Operational disengagement

1. The requesting Member State or any of the Member States providing assistance shall inform as soon as possible the ERCC and the dispatched experts and intervention teams in case they consider their assistance is no longer required or can no longer be provided. The effective disengagement shall be organised in an appropriate way by the requester of assistance and the Member States. The ERCC shall be kept informed thereof.
2. In third countries, the team leader shall report as soon as possible to the ERCC in case (s)he considers, following appropriate consultations with the requester of assistance, that the assistance is no longer required or where obstacles prevent the effective provision of assistance. The ERCC shall transmit this information to the Union delegation in that country as well as the relevant Commission services, the EEAS, and Member States. The ERCC in coordination with the requester of assistance shall ensure the effective disengagement of dispatched experts and intervention teams.

Reporting and lessons identified

1. The competent authorities of the requester of assistance and of the Member States having provided assistance, as well as the dispatched experts, shall have the possibility to present their conclusions on all aspects of the intervention to the ERCC. A summary report shall be prepared by the ERCC on the assistance provided and any relevant lessons identified.
2. In addition to Articles 33 and 34, the ERCC together with Member States shall follow up on the implementation of identified lessons in order to improve the assistance interventions under the Union Mechanism.

Costs

1. Unless agreed otherwise, the requester of assistance shall bear the costs of assistance provided by Member States.
2. Any Member State providing assistance may, bearing in mind in particular the nature of the disaster and the extent of any damage, offer its assistance entirely or partially free of charge. That Member State may also waive all or part of the reimbursement of its costs at any time.
3. Unless agreed otherwise, for the duration of the intervention, the requester of assistance shall facilitate board and accommodation for the assisting teams and replenish supplies and provisions free of charge. Nevertheless, assisting teams shall be initially logistically independent and self-sufficient for a reasonable period depending on the used assets and shall inform the ERCC accordingly.
4. Costs for dispatching experts and relevant logistical support shall be handled in accordance with Article 22(a) of Decision No 1313/2013/EU. These costs shall be eligible for Union funding.

Compensation for damage

1. Member States requesting assistance shall refrain from making any request for compensation from Member States for damage caused where such damage is the consequence of assistance intervention provided under the Union Mechanism and this Decision, unless it is proven to be the result of fraud or serious misconduct.
2. In the event of damage suffered by third parties as the result of assistance interventions, the Member States requesting assistance and the Member State providing assistance shall cooperate to facilitate compensation of such damage in accordance with applicable laws and relevant frameworks.

Categories of experts

Member States shall classify the experts in the following categories:
(a)
technical experts;
(b)
assessment experts;
(c)
coordination experts;
(d)
team leaders.

Tasks and functions

1. The technical experts shall be able to provide advice on specific, highly technical topics and on risks involved and be available for missions.
2. The assessment experts shall be able to provide an assessment of the situation and advise on the appropriate action to be taken and be available for missions.
3. The coordination experts may include deputy team leaders, persons responsible for logistics and communications and other personnel as necessary. If requested, the technical experts and the assessment experts may be incorporated into the coordination team in order to assist the team leader for the whole duration of a mission.
4. The team leader shall be responsible for leading the assessment and coordination team during an intervention. The team leader shall assume proper liaison with the authorities of the affected country, with the ERCC, including ERCC liaison officer, with other international organisations and, in case of any assistance interventions under the Union Mechanism outside Member States, also with the Union delegation in that country.
5. Experts deployed on preparedness assignments may be mandated by the Commission in agreement with their nominating Member State to assume any of the functions specified in Article 41 and shall be able to provide advice and report on adequate preparedness measures, including administrative capacity, needs for early warning, training, exercises, and awareness-raising.
6. Experts deployed on prevention assignments may be mandated by the Commission in agreement with their nominating Member State to assume any of the functions specified in Article 41 and shall be able to provide advice and report on adequate prevention measures and risk management capability.

Expert database

1. The information on the experts shall be compiled by the Commission in an expert database and be made available through the CECIS.
2. Experts included in the EERC shall be specifically identified in the database referred to in paragraph 1.

Training requirements

The experts shall, where necessary, follow the training programme set up in accordance with Article 26.

Nomination

In the event of a request for assistance, Member States shall be responsible for nominating the available experts and for sharing their contact details with the ERCC.

Mobilisation and agreement of service

1. The ERCC shall be capable of mobilising and dispatching the designated experts at very short notice after the experts have been nominated for the specific mission by Member States.
2. The Commission shall sign with each expert an agreement of service, which covers the following elements:
(a)
the objectives of the mission;
(b)
terms of reference;
(c)
the envisaged duration of the mission;
(d)
the local contact person information;
(e)
the insurance condition coverage;
(f)
the daily allowance to cover expenses;
(g)
the specific payment conditions;
(h)
guidelines for technical experts, assessment experts, coordination experts and team leaders.

Forms of transport support

Transport support may take the form of:
(a)
pooling or sharing of transport capacities;
(b)
identifying, and facilitating Member States’ access to, transport resources on the commercial market and or from other sources; or
(c)
providing Union support to Member States through grants or through transport services procured from private or other entities.

Procedure for transport support through the Union Mechanism

1. The procedures provided for in Articles 49 and 50 shall apply whenever a request is made for transport support.
2. Requests shall be issued by the competent authority referred to in Article 56 and sent to the Commission in writing. They shall contain the information provided for in Part A of the Annex VIII.
3. In case of pooling of transport capacities, one Member State may take the lead in requesting Union financial support for the entire operation.
4. All requests for transport support under this Decision and related replies and exchanges of information between Member States and the Commission shall be transmitted to and processed by the ERCC.
5. Requests shall be transmitted through CECIS or electronic mail. Transmission of requests involving Union financing by CECIS, telefax, or electronic mail are accepted provided that the originals signed by the competent authority are subsequently provided to the Commission without delay.
6. However, the Commission may implement an electronic exchange system for all exchanges with beneficiaries, including the conclusion of grant agreements, the notification of grant decisions and any amendments thereto, pursuant to Article 179 of Commission Delegated Regulation (EU) No 1268/2012(5).

Requests for transport support

1. The Commission shall, upon receipt of a request for support, immediately notify the contact points, designated by Member States under Article 9(7) of Decision No 1313/2013/EU.
2. In the notification, the Commission may, where appropriate, invite Member States to provide it with details of any transport resources which they can make available to the Member State making the request or any other alternative solution they can propose to meet the needs expressed by the affected country. The Commission may indicate a maximum period of time for providing this information.
3. Upon the notification of contact points by the Commission referred to in paragraph 1 the requested transport support shall become eligible for Union co-financing, without prejudice to Article 53.

Replies to requests for transport support

1. Member States which can provide transport support shall inform the Commission as soon as possible, and at the latest within 24 hours of receiving the notification referred to in Article 49 unless otherwise specified in the notification, of any transport resources they can make available on a voluntary basis in response to the request for support for pooling or identifying transport resources. That information shall contain the elements provided for in Part B of Annex VIII and include information on financial conditions or other restrictions, if any.
2. The Commission shall, as soon as possible, compile the information on available transport resources and forward it to the Member State making the request.
3. In addition to the information referred to in paragraph 2, the Commission shall forward to Member States any other information it has concerning transport resources available from other sources, including the commercial market and shall facilitate the access of Member States to those additional resources.
4. The Member State making the request shall inform the Commission of the transport solutions it has selected and shall liaise with Member States providing such support or the operator identified by the Commission.
5. The Commission shall inform all Member States of the selection made by the Member State making the request. That Member State shall keep the Commission regularly informed of the progress in the delivery of its civil protection assistance.

Request for a grant

1. Where a possible transport solution has been identified by a Member State but Union funding is required to allow the transport of the civil protection assistance, the Member State may request a grant from the Union.
2. The Member State shall indicate in its request the percentage of Union co-financing it applies for, which shall not exceed 55 % of the eligible costs for transport actions under Article 23(2) of Decision No 1313/2013/EU and not exceed a maximum of 85 % of the eligible costs for transport actions under Article 23(3)(a) and (b) of Decision No 1313/2013/EU. The Commission shall immediately inform all Member States of the request.
3. The Commission may establish framework partnerships with the relevant competent authorities of Member States as referred to in Article 178 of Delegated Regulation (EU) No 1268/2012.

Request for a transport service

1. In cases where no transport solution has been identified by the Member State requesting transport support, it may request the Commission to contract a transport service to private or other entities in order to transport its civil protection assistance to the affected country.
2. Upon receipt of a request as referred to in paragraph 1, the Commission shall immediately inform all Member States of the request and shall inform the Member State requesting a transport service of any available transport solutions and their costs.
3. On the basis of the exchange of information referred to in paragraphs 1 and 2, the Member State shall confirm in writing its request for a transport service and its commitment to reimburse the Commission according to the provisions of Article 54. The Member State shall indicate what percentage of the costs it will reimburse. That percentage shall be no less than 45 % for transport actions under Article 23(2) of Decision No 1313/2013/EU and 15 % for transport actions under Article 23(3)(a) and (b) of Decision No 1313/2013/EU.
4. The Member State shall immediately notify the Commission of any changes to the request for a transport service.

Decision on Union financing for transport support

1. In order to determine whether the criteria set out in Article 23(1)(d) of Decision No 1313/2013/EU and the principles of economy, efficiency and effectiveness of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council(6)are met, the following shall be taken into account:
(a)
the information contained in the request for Union financing presented by the Member State according to Article 48(2);
(b)
the needs expressed by the affected country;
(c)
any needs assessments carried out by experts reporting to the Commission during the disaster;
(d)
other relevant and reliable information available to the Commission at the time of the decision provided by Member States and by international organisations;
(e)
the efficiency and effectiveness of transport solutions designed to ensure the timely delivery of civil protection assistance;
(f)
possibilities for local procurement;
(g)
other actions undertaken by the Commission.
2. Member States shall provide any additional information needed to assess the fulfilment of the criteria set out in Article 23(1)(d) of Decision No 1313/2013/EU. Member States shall inform the Commission as soon as possible upon receipt of a request from the Commission for such information.
3. The Commission shall indicate the pre-financing to be paid, which may be up to 85 % of the requested Union financial contribution, subject to the availability of budgetary resources. No pre-financing shall be provided for grants below the threshold established for low value grants as defined in Article 185 of Delegated Regulation (EU) No 1268/2012, unless the Member State requesting financial support can demonstrate that the absence of pre-financing would compromise the implementation of the action.
4. The decision on financial support shall be communicated immediately to the Member State requesting financial support. It shall also be communicated to all other Member States.
5. Individual transport grant applications for which the Union financial contribution requested is less than EUR 2 500 are not eligible for Union co-financing, except if covered by the framework partnerships referred to in Article 51(3).

Reimbursement of Union financing for transport support

For the costs incurred by the Commission under the procedure set out in Article 52, the Commission shall issue, within 90 days of the completion of the transport operation for which a Union financial support was granted, a debit note to the Member States having benefited from the Union financing for an amount corresponding to the provisions of the decision made by the Commission on the request for a transport service and representing at least 15 % of the transport costs for transport actions under Article 23(3) of Decision No 1313/2013/EU and 45 % for transport actions under Article 23(2) of Decision No 1313/2013/EU.

Compensation for damage

The Member State requesting transport support shall refrain from making any request for compensation from the Union for damage caused to its property or service staff where such damage is the consequence of the provision of transport support governed by this Decision, unless it is proven to be the result of fraud or serious misconduct.

Designation of competent authorities

Member States shall designate the competent authorities authorised to request and receive financial support from the Commission in application of this Decision and shall inform the Commission thereof within 60 days after notification of this Decision. Any changes in that information shall be immediately notified to the Commission.
However, notifications of competent authorities made by Member States under Article 12 of Decision 2007/606/EC, Euratom, shall remain valid until further notice from the concerned Member State.

Repeal

Decisions 2004/277/EC, Euratom and 2007/606/EC, Euratom are repealed. References to the repealed Decisions shall be construed as references to this Decision and read in accordance with the correlation table in Annex IX.

Addressees

This Decision is addressed to the Member States.
ANNEX ICECIS

Country card template for (country) participating in the Common Emergency Communication and Information System (CECIS)
referred to in Article 8(b) of Decision No 1313/2013/EU of the European Parliament and of the Council
Competent national authority:
Member of the Management and Regulatory Committee
First name
Last name
Street
City
Postcode
Tel.
Fax
E-mail:
(in case of deputy members please fill in similar table)
Information on the site(s) of the contact point(s) to be connected to the CECIS
Institution
Street
City
Postcode
Head of the operational service of the contact point organisation
Contact person for technical matters
Local security registration officer
Last name
Given name
Tel.
Fax
E-mail
(Add lines in case of more than one site)
The Commission shall communicate in writing to the competent national authority all other relevant technical specifications.

AGREEMENT
We agree with the above and undertake:
— to provide to the European Commission all necessary information and assistance in the context of the further development and implementation of CECIS.
— to ensure the availability of the necessary budgetary resources for the functioning of the connection.
Member of the Management and Regulatory Committee:
(Signature)
(Date)
Director-General:
(Signature)
(Date)
Please transmit a signed copy by normal mail or fax to European Commission, DG ECHO.B1 Emergency Response Unit, as well as an e-mail copy to [email protected]

1.   High capacity pumping

ANNEX IIGENERAL REQUIREMENTS FOR MODULES AND TECHNICAL ASSISTANCE AND SUPPORT TEAMS
Tasks | —Provide pumping:—in flooded areas,—to assist firefighting by delivering water. | — | Provide pumping:—in flooded areas,—to assist firefighting by delivering water. | — | in flooded areas, | — | to assist firefighting by delivering water.
— | Provide pumping:—in flooded areas,—to assist firefighting by delivering water. | — | in flooded areas, | — | to assist firefighting by delivering water.
— | in flooded areas,
— | to assist firefighting by delivering water.
Capacities | —Provide pumping with mobile medium and high capacity pumps with:—an overall capacity of at least 1 000 m 3/hour, and—a reduced capacity to pump 40 metres height difference.—Ability to:—operate in areas and terrain that are not easily accessible,—pump muddy water, containing no more than 5 percent solid elements having particles size up to 40 mm,—pump water up to 40 °C for longer operations,—deliver water over a distance of 1 000 metres. | — | Provide pumping with mobile medium and high capacity pumps with:—an overall capacity of at least 1 000 m 3/hour, and—a reduced capacity to pump 40 metres height difference. | — | an overall capacity of at least 1 000 m 3/hour, and | — | a reduced capacity to pump 40 metres height difference. | — | Ability to:—operate in areas and terrain that are not easily accessible,—pump muddy water, containing no more than 5 percent solid elements having particles size up to 40 mm,—pump water up to 40 °C for longer operations,—deliver water over a distance of 1 000 metres. | — | operate in areas and terrain that are not easily accessible, | — | pump muddy water, containing no more than 5 percent solid elements having particles size up to 40 mm, | — | pump water up to 40 °C for longer operations, | — | deliver water over a distance of 1 000 metres.
— | Provide pumping with mobile medium and high capacity pumps with:—an overall capacity of at least 1 000 m 3/hour, and—a reduced capacity to pump 40 metres height difference. | — | an overall capacity of at least 1 000 m 3/hour, and | — | a reduced capacity to pump 40 metres height difference.
— | an overall capacity of at least 1 000 m 3/hour, and
— | a reduced capacity to pump 40 metres height difference.
— | Ability to:—operate in areas and terrain that are not easily accessible,—pump muddy water, containing no more than 5 percent solid elements having particles size up to 40 mm,—pump water up to 40 °C for longer operations,—deliver water over a distance of 1 000 metres. | — | operate in areas and terrain that are not easily accessible, | — | pump muddy water, containing no more than 5 percent solid elements having particles size up to 40 mm, | — | pump water up to 40 °C for longer operations, | — | deliver water over a distance of 1 000 metres.
— | operate in areas and terrain that are not easily accessible,
— | pump muddy water, containing no more than 5 percent solid elements having particles size up to 40 mm,
— | pump water up to 40 °C for longer operations,
— | deliver water over a distance of 1 000 metres.
Main components | —Medium and high capacity pumps.—Hoses and couplings compatible with different standards, including the Storz standard.—Sufficient personnel to fulfil the task, if necessary on a continuous basis. | — | Medium and high capacity pumps. | — | Hoses and couplings compatible with different standards, including the Storz standard. | — | Sufficient personnel to fulfil the task, if necessary on a continuous basis.
— | Medium and high capacity pumps.
— | Hoses and couplings compatible with different standards, including the Storz standard.
— | Sufficient personnel to fulfil the task, if necessary on a continuous basis.
Self-sufficiency | —Article 12 applies. | — | Article 12 applies.
— | Article 12 applies.
Deployment | —Availability for departure maximum 12 hours after acceptance of the offer.—Ability to be deployed for a period of up to 21 days. | — | Availability for departure maximum 12 hours after acceptance of the offer. | — | Ability to be deployed for a period of up to 21 days.
— | Availability for departure maximum 12 hours after acceptance of the offer.
— | Ability to be deployed for a period of up to 21 days.2. Water purification

Tasks | —Provide drinkable water, from surface water sources, according to the applicable standards and at least to the level of the WHO standards.—Perform water quality control at the outtake point of the purification equipment. | — | Provide drinkable water, from surface water sources, according to the applicable standards and at least to the level of the WHO standards. | — | Perform water quality control at the outtake point of the purification equipment.
— | Provide drinkable water, from surface water sources, according to the applicable standards and at least to the level of the WHO standards.
— | Perform water quality control at the outtake point of the purification equipment.
Capacities | —Purify 225 000 litres of water per day.—Storage capacity equivalent to the production of half a day. | — | Purify 225 000 litres of water per day. | — | Storage capacity equivalent to the production of half a day.
— | Purify 225 000 litres of water per day.
— | Storage capacity equivalent to the production of half a day.
Main components | —Mobile water purification unit.—Mobile water storage unit.—Mobile field laboratory.—Couplings compatible with different standards, including the Storz standard.—Sufficient personnel to fulfil the task, if necessary on a continuous basis. | — | Mobile water purification unit. | — | Mobile water storage unit. | — | Mobile field laboratory. | — | Couplings compatible with different standards, including the Storz standard. | — | Sufficient personnel to fulfil the task, if necessary on a continuous basis.
— | Mobile water purification unit.
— | Mobile water storage unit.
— | Mobile field laboratory.
— | Couplings compatible with different standards, including the Storz standard.
— | Sufficient personnel to fulfil the task, if necessary on a continuous basis.
Self-sufficiency | —Article 12 applies. | — | Article 12 applies.
— | Article 12 applies.
Deployment | —Availability for departure maximum 12 hours after acceptance of the offer.—Ability to be deployed for a period of up to 12 weeks. | — | Availability for departure maximum 12 hours after acceptance of the offer. | — | Ability to be deployed for a period of up to 12 weeks.
— | Availability for departure maximum 12 hours after acceptance of the offer.
— | Ability to be deployed for a period of up to 12 weeks.3. Medium urban search and rescue

Tasks | —Search for, locate and rescue victims(1)located under debris (such as collapsed buildings and transport incidents).—Provide lifesaving first aid as required, until handover for further treatment. | — | Search for, locate and rescue victims(1)located under debris (such as collapsed buildings and transport incidents). | — | Provide lifesaving first aid as required, until handover for further treatment.
— | Search for, locate and rescue victims(1)located under debris (such as collapsed buildings and transport incidents).
— | Provide lifesaving first aid as required, until handover for further treatment.
Capacities | —The module shall have the ability to perform the following, taking into account acknowledged international guidelines, such as the International Search and Rescue Advisory Group (INSARAG) guidelines:—search with search dogs and/or technical search equipment,—rescue, including lifting,—cutting concrete,—technical rope,—basic shoring,—hazmat detection and isolation(2),—advanced life support(3).—Ability to work on one site 24 hours per day for 7 days. | — | The module shall have the ability to perform the following, taking into account acknowledged international guidelines, such as the International Search and Rescue Advisory Group (INSARAG) guidelines:—search with search dogs and/or technical search equipment,—rescue, including lifting,—cutting concrete,—technical rope,—basic shoring,—hazmat detection and isolation(2),—advanced life support(3). | — | search with search dogs and/or technical search equipment, | — | rescue, including lifting, | — | cutting concrete, | — | technical rope, | — | basic shoring, | — | hazmat detection and isolation(2), | — | advanced life support(3). | — | Ability to work on one site 24 hours per day for 7 days.
— | The module shall have the ability to perform the following, taking into account acknowledged international guidelines, such as the International Search and Rescue Advisory Group (INSARAG) guidelines:—search with search dogs and/or technical search equipment,—rescue, including lifting,—cutting concrete,—technical rope,—basic shoring,—hazmat detection and isolation(2),—advanced life support(3). | — | search with search dogs and/or technical search equipment, | — | rescue, including lifting, | — | cutting concrete, | — | technical rope, | — | basic shoring, | — | hazmat detection and isolation(2), | — | advanced life support(3).
— | search with search dogs and/or technical search equipment,
— | rescue, including lifting,
— | cutting concrete,
— | technical rope,
— | basic shoring,
— | hazmat detection and isolation(2),
— | advanced life support(3).
— | Ability to work on one site 24 hours per day for 7 days.
Main components | —Management (command, liaison/coordination, planning, media/reporting, assessment/analysis, safety/security).—Search (technical search and/or canine search, hazmat detection, hazmat isolation).—Rescue (breaking and breaching, cutting, lifting and moving, shoring, technical rope).—Medical, including care of patients and of the team’s personnel and search dogs. | — | Management (command, liaison/coordination, planning, media/reporting, assessment/analysis, safety/security). | — | Search (technical search and/or canine search, hazmat detection, hazmat isolation). | — | Rescue (breaking and breaching, cutting, lifting and moving, shoring, technical rope). | — | Medical, including care of patients and of the team’s personnel and search dogs.
— | Management (command, liaison/coordination, planning, media/reporting, assessment/analysis, safety/security).
— | Search (technical search and/or canine search, hazmat detection, hazmat isolation).
— | Rescue (breaking and breaching, cutting, lifting and moving, shoring, technical rope).
— | Medical, including care of patients and of the team’s personnel and search dogs.
Self-sufficiency | —At least 7 days of operations.—Article 12 applies. | — | At least 7 days of operations. | — | Article 12 applies.
— | At least 7 days of operations.
— | Article 12 applies.
Deployment | —Operational in the affected country within 32 hours. | — | Operational in the affected country within 32 hours.
— | Operational in the affected country within 32 hours.4. Heavy urban search and rescue

Tasks | —Search for, locate and rescue victims(4)located under debris (such as collapsed buildings and transport incidents).—Provide lifesaving first aid as required, until handover for further treatment. | — | Search for, locate and rescue victims(4)located under debris (such as collapsed buildings and transport incidents). | — | Provide lifesaving first aid as required, until handover for further treatment.
— | Search for, locate and rescue victims(4)located under debris (such as collapsed buildings and transport incidents).
— | Provide lifesaving first aid as required, until handover for further treatment.
Capacities | —The module shall have the ability to perform the following, taking into account acknowledged international guidelines, such as the INSARAG guidelines:—search with search dogs and technical search equipment,—rescue, including heavy lifting,—cutting reinforced concrete and structural steel,—technical rope,—advanced shoring,—hazmat detection and isolation(5),—advanced life support(6).—Ability to work 24 hours per day on more than one site for 10 days. | — | The module shall have the ability to perform the following, taking into account acknowledged international guidelines, such as the INSARAG guidelines:—search with search dogs and technical search equipment,—rescue, including heavy lifting,—cutting reinforced concrete and structural steel,—technical rope,—advanced shoring,—hazmat detection and isolation(5),—advanced life support(6). | — | search with search dogs and technical search equipment, | — | rescue, including heavy lifting, | — | cutting reinforced concrete and structural steel, | — | technical rope, | — | advanced shoring, | — | hazmat detection and isolation(5), | — | advanced life support(6). | — | Ability to work 24 hours per day on more than one site for 10 days.
— | The module shall have the ability to perform the following, taking into account acknowledged international guidelines, such as the INSARAG guidelines:—search with search dogs and technical search equipment,—rescue, including heavy lifting,—cutting reinforced concrete and structural steel,—technical rope,—advanced shoring,—hazmat detection and isolation(5),—advanced life support(6). | — | search with search dogs and technical search equipment, | — | rescue, including heavy lifting, | — | cutting reinforced concrete and structural steel, | — | technical rope, | — | advanced shoring, | — | hazmat detection and isolation(5), | — | advanced life support(6).
— | search with search dogs and technical search equipment,
— | rescue, including heavy lifting,
— | cutting reinforced concrete and structural steel,
— | technical rope,
— | advanced shoring,
— | hazmat detection and isolation(5),
— | advanced life support(6).
— | Ability to work 24 hours per day on more than one site for 10 days.
Main components | —Management (command, liaison/coordination, planning, media/reporting, assessment/analysis, safety/security).—Search (technical search, canine search, hazmat detection, hazmat isolation).—Rescue (breaking and breaching, cutting, lifting and moving, shoring, technical rope).—Medical, including care of patients and of the team’s personnel and search dogs(7). | — | Management (command, liaison/coordination, planning, media/reporting, assessment/analysis, safety/security). | — | Search (technical search, canine search, hazmat detection, hazmat isolation). | — | Rescue (breaking and breaching, cutting, lifting and moving, shoring, technical rope). | — | Medical, including care of patients and of the team’s personnel and search dogs(7).
— | Management (command, liaison/coordination, planning, media/reporting, assessment/analysis, safety/security).
— | Search (technical search, canine search, hazmat detection, hazmat isolation).
— | Rescue (breaking and breaching, cutting, lifting and moving, shoring, technical rope).
— | Medical, including care of patients and of the team’s personnel and search dogs(7).
Self-sufficiency | —At least 10 days of operation.—Article 12 applies. | — | At least 10 days of operation. | — | Article 12 applies.
— | At least 10 days of operation.
— | Article 12 applies.
Deployment | —Operational in the affected country within 48 hours. | — | Operational in the affected country within 48 hours.
— | Operational in the affected country within 48 hours.5. Aerial forest firefighting module using helicopters

Tasks | —Contribute to the extinction of large forest and vegetal fires by performing aerial firefighting. | — | Contribute to the extinction of large forest and vegetal fires by performing aerial firefighting.
— | Contribute to the extinction of large forest and vegetal fires by performing aerial firefighting.
Capacities | —Three helicopters with a capacity of 1 000 litres each.—Ability to perform continuous operations. | — | Three helicopters with a capacity of 1 000 litres each. | — | Ability to perform continuous operations.
— | Three helicopters with a capacity of 1 000 litres each.
— | Ability to perform continuous operations.
Main components | —Three helicopters with crew, to guarantee that at least two helicopters are operational at any time.—Technical staff.—4 water buckets or 3 releasing kits.—1 maintenance set.—1 spare parts set.—2 rescue hoists.—Communication equipment. | — | Three helicopters with crew, to guarantee that at least two helicopters are operational at any time. | — | Technical staff. | — | 4 water buckets or 3 releasing kits. | — | 1 maintenance set. | — | 1 spare parts set. | — | 2 rescue hoists. | — | Communication equipment.
— | Three helicopters with crew, to guarantee that at least two helicopters are operational at any time.
— | Technical staff.
— | 4 water buckets or 3 releasing kits.
— | 1 maintenance set.
— | 1 spare parts set.
— | 2 rescue hoists.
— | Communication equipment.
Self-sufficiency | —Elements (f) and (g) of Article 12(1) apply. | — | Elements (f) and (g) of Article 12(1) apply.
— | Elements (f) and (g) of Article 12(1) apply.
Deployment | —Availability for departure maximum 3 hours after the acceptance of the offer. | — | Availability for departure maximum 3 hours after the acceptance of the offer.
— | Availability for departure maximum 3 hours after the acceptance of the offer.6. Aerial forest firefighting module using airplanes

Tasks | —Contribute to the extinction of large forest and vegetal fires by performing aerial firefighting. | — | Contribute to the extinction of large forest and vegetal fires by performing aerial firefighting.
— | Contribute to the extinction of large forest and vegetal fires by performing aerial firefighting.
Capacities | —Two airplanes with a capacity of 3 000 litres each.—Ability to perform continuous operations. | — | Two airplanes with a capacity of 3 000 litres each. | — | Ability to perform continuous operations.
— | Two airplanes with a capacity of 3 000 litres each.
— | Ability to perform continuous operations.
Main components | —Two planes.—Minimum of four crews.—Technical staff.—Field maintenance kit.—Communication equipment. | — | Two planes. | — | Minimum of four crews. | — | Technical staff. | — | Field maintenance kit. | — | Communication equipment.
— | Two planes.
— | Minimum of four crews.
— | Technical staff.
— | Field maintenance kit.
— | Communication equipment.
Self-sufficiency | —Elements (f) and (g) of Article 12(1) apply. | — | Elements (f) and (g) of Article 12(1) apply.
— | Elements (f) and (g) of Article 12(1) apply.
Deployment | —Availability for departure maximum 3 hours after the acceptance of the offer. | — | Availability for departure maximum 3 hours after the acceptance of the offer.
— | Availability for departure maximum 3 hours after the acceptance of the offer.7. Advanced medical post

Tasks | —Perform patient profiling (triage) on the site of the disaster.—Stabilise the condition of and prepare the patient for transport to the most suitable health facility for final treatment. | — | Perform patient profiling (triage) on the site of the disaster. | — | Stabilise the condition of and prepare the patient for transport to the most suitable health facility for final treatment.
— | Perform patient profiling (triage) on the site of the disaster.
— | Stabilise the condition of and prepare the patient for transport to the most suitable health facility for final treatment.
Capacities | —Perform triage of at least 20 patients per hour.—Medical team capable of stabilising 50 patients per 24 hours of activity, working in two shifts.—Availability of supplies for the treatment of 100 patients with minor injuries per 24 hours. | — | Perform triage of at least 20 patients per hour. | — | Medical team capable of stabilising 50 patients per 24 hours of activity, working in two shifts. | — | Availability of supplies for the treatment of 100 patients with minor injuries per 24 hours.
— | Perform triage of at least 20 patients per hour.
— | Medical team capable of stabilising 50 patients per 24 hours of activity, working in two shifts.
— | Availability of supplies for the treatment of 100 patients with minor injuries per 24 hours.
Main components | —Medical team per 12-hour shift:—triage: 1 nurse and/or 1 doctor,—intensive care: 1 doctor and 1 nurse,—serious, but not life-threatening injuries: 1 doctor and 2 nurses,—evacuation: 1 nurse,—specialised support personnel: 4.—Tents:—tent(s) with interconnected areas for triage, medical care and evacuation,—tent(s) for the personnel.—Command post.—Logistic and medical supply deposit. | — | Medical team per 12-hour shift:—triage: 1 nurse and/or 1 doctor,—intensive care: 1 doctor and 1 nurse,—serious, but not life-threatening injuries: 1 doctor and 2 nurses,—evacuation: 1 nurse,—specialised support personnel: 4. | — | triage: 1 nurse and/or 1 doctor, | — | intensive care: 1 doctor and 1 nurse, | — | serious, but not life-threatening injuries: 1 doctor and 2 nurses, | — | evacuation: 1 nurse, | — | specialised support personnel: 4. | — | Tents:—tent(s) with interconnected areas for triage, medical care and evacuation,—tent(s) for the personnel. | — | tent(s) with interconnected areas for triage, medical care and evacuation, | — | tent(s) for the personnel. | — | Command post. | — | Logistic and medical supply deposit.
— | Medical team per 12-hour shift:—triage: 1 nurse and/or 1 doctor,—intensive care: 1 doctor and 1 nurse,—serious, but not life-threatening injuries: 1 doctor and 2 nurses,—evacuation: 1 nurse,—specialised support personnel: 4. | — | triage: 1 nurse and/or 1 doctor, | — | intensive care: 1 doctor and 1 nurse, | — | serious, but not life-threatening injuries: 1 doctor and 2 nurses, | — | evacuation: 1 nurse, | — | specialised support personnel: 4.
— | triage: 1 nurse and/or 1 doctor,
— | intensive care: 1 doctor and 1 nurse,
— | serious, but not life-threatening injuries: 1 doctor and 2 nurses,
— | evacuation: 1 nurse,
— | specialised support personnel: 4.
— | Tents:—tent(s) with interconnected areas for triage, medical care and evacuation,—tent(s) for the personnel. | — | tent(s) with interconnected areas for triage, medical care and evacuation, | — | tent(s) for the personnel.
— | tent(s) with interconnected areas for triage, medical care and evacuation,
— | tent(s) for the personnel.
— | Command post.
— | Logistic and medical supply deposit.
Self-sufficiency | —Article 12 applies. | — | Article 12 applies.
— | Article 12 applies.
Deployment | —Availability for departure maximum 12 hours after the acceptance of the offer.—Operational 1 hour after arrival on site. | — | Availability for departure maximum 12 hours after the acceptance of the offer. | — | Operational 1 hour after arrival on site.
— | Availability for departure maximum 12 hours after the acceptance of the offer.
— | Operational 1 hour after arrival on site.8. Advanced medical post with surgery

Tasks | —Perform patient profiling (triage) on the site of the disaster.—Perform damage control surgery.—Stabilise the condition of and prepare the patients for transport to the most suitable health facility for final treatment. | — | Perform patient profiling (triage) on the site of the disaster. | — | Perform damage control surgery. | — | Stabilise the condition of and prepare the patients for transport to the most suitable health facility for final treatment.
— | Perform patient profiling (triage) on the site of the disaster.
— | Perform damage control surgery.
— | Stabilise the condition of and prepare the patients for transport to the most suitable health facility for final treatment.
Capacities | —Perform triage for at least 20 patients per hour.—Medical team capable of stabilising 50 patients per 24 hours of activity, working in two shifts.—Surgery team capable of damage control surgery for 12 patients per 24 hours of activity, working in two shifts.—Availability of supplies for the treatment of 100 patients with minor injuries per 24 hours. | — | Perform triage for at least 20 patients per hour. | — | Medical team capable of stabilising 50 patients per 24 hours of activity, working in two shifts. | — | Surgery team capable of damage control surgery for 12 patients per 24 hours of activity, working in two shifts. | — | Availability of supplies for the treatment of 100 patients with minor injuries per 24 hours.
— | Perform triage for at least 20 patients per hour.
— | Medical team capable of stabilising 50 patients per 24 hours of activity, working in two shifts.
— | Surgery team capable of damage control surgery for 12 patients per 24 hours of activity, working in two shifts.
— | Availability of supplies for the treatment of 100 patients with minor injuries per 24 hours.
Main components | —Medical team per 12-hour shift:—triage: 1 nurse and/or 1 doctor,—intensive care: 1 doctor and 1 nurse,—surgery: 3 surgeons, 2 operating nurses, 1 anaesthetist, 1 anaesthetist nurse,—serious, but not life-threatening injuries: 1 doctor and 2 nurses,—evacuation: 1 nurse,—specialist support personnel: 4.—Tents:—tent(s) with interconnected areas for triage, medical care and evacuation,—tent(s) for surgery,—tent(s) for the personnel.—Command post.—Logistic and medical supply deposit. | — | Medical team per 12-hour shift:—triage: 1 nurse and/or 1 doctor,—intensive care: 1 doctor and 1 nurse,—surgery: 3 surgeons, 2 operating nurses, 1 anaesthetist, 1 anaesthetist nurse,—serious, but not life-threatening injuries: 1 doctor and 2 nurses,—evacuation: 1 nurse,—specialist support personnel: 4. | — | triage: 1 nurse and/or 1 doctor, | — | intensive care: 1 doctor and 1 nurse, | — | surgery: 3 surgeons, 2 operating nurses, 1 anaesthetist, 1 anaesthetist nurse, | — | serious, but not life-threatening injuries: 1 doctor and 2 nurses, | — | evacuation: 1 nurse, | — | specialist support personnel: 4. | — | Tents:—tent(s) with interconnected areas for triage, medical care and evacuation,—tent(s) for surgery,—tent(s) for the personnel. | — | tent(s) with interconnected areas for triage, medical care and evacuation, | — | tent(s) for surgery, | — | tent(s) for the personnel. | — | Command post. | — | Logistic and medical supply deposit.
— | Medical team per 12-hour shift:—triage: 1 nurse and/or 1 doctor,—intensive care: 1 doctor and 1 nurse,—surgery: 3 surgeons, 2 operating nurses, 1 anaesthetist, 1 anaesthetist nurse,—serious, but not life-threatening injuries: 1 doctor and 2 nurses,—evacuation: 1 nurse,—specialist support personnel: 4. | — | triage: 1 nurse and/or 1 doctor, | — | intensive care: 1 doctor and 1 nurse, | — | surgery: 3 surgeons, 2 operating nurses, 1 anaesthetist, 1 anaesthetist nurse, | — | serious, but not life-threatening injuries: 1 doctor and 2 nurses, | — | evacuation: 1 nurse, | — | specialist support personnel: 4.
— | triage: 1 nurse and/or 1 doctor,
— | intensive care: 1 doctor and 1 nurse,
— | surgery: 3 surgeons, 2 operating nurses, 1 anaesthetist, 1 anaesthetist nurse,
— | serious, but not life-threatening injuries: 1 doctor and 2 nurses,
— | evacuation: 1 nurse,
— | specialist support personnel: 4.
— | Tents:—tent(s) with interconnected areas for triage, medical care and evacuation,—tent(s) for surgery,—tent(s) for the personnel. | — | tent(s) with interconnected areas for triage, medical care and evacuation, | — | tent(s) for surgery, | — | tent(s) for the personnel.
— | tent(s) with interconnected areas for triage, medical care and evacuation,
— | tent(s) for surgery,
— | tent(s) for the personnel.
— | Command post.
— | Logistic and medical supply deposit.
Self-sufficiency | —Article 12 applies. | — | Article 12 applies.
— | Article 12 applies.
Deployment | —Availability for departure maximum 12 hours after the acceptance of the offer.—Operational 1 hour after arrival on site. | — | Availability for departure maximum 12 hours after the acceptance of the offer. | — | Operational 1 hour after arrival on site.
— | Availability for departure maximum 12 hours after the acceptance of the offer.
— | Operational 1 hour after arrival on site.9. Field hospital

Tasks | —Provide initial and/or follow-up trauma and medical care, taking into account acknowledged international guidelines for foreign field hospital use, such as World Health Organisation or Red Cross guidelines. | — | Provide initial and/or follow-up trauma and medical care, taking into account acknowledged international guidelines for foreign field hospital use, such as World Health Organisation or Red Cross guidelines.
— | Provide initial and/or follow-up trauma and medical care, taking into account acknowledged international guidelines for foreign field hospital use, such as World Health Organisation or Red Cross guidelines.
Capacities | —10 beds for heavy trauma patients, possibility to expand the capacity. | — | 10 beds for heavy trauma patients, possibility to expand the capacity.
— | 10 beds for heavy trauma patients, possibility to expand the capacity.
Main components | —Medical team for:—triage,—intensive care,—surgery,—serious, but not life-threatening injuries,—evacuation,—specialised support personnel,—and at least covering the following: generalist, emergency doctors, orthopaedic, paediatrician, anaesthetist, pharmacist, obstetrician, health director, laboratory technician, X-ray technician.—Tents:—appropriate tents for the medical activities,—tents for personnel.—Command post.—Logistic and medical supply deposit. | — | Medical team for:—triage,—intensive care,—surgery,—serious, but not life-threatening injuries,—evacuation,—specialised support personnel,—and at least covering the following: generalist, emergency doctors, orthopaedic, paediatrician, anaesthetist, pharmacist, obstetrician, health director, laboratory technician, X-ray technician. | — | triage, | — | intensive care, | — | surgery, | — | serious, but not life-threatening injuries, | — | evacuation, | — | specialised support personnel, | — | and at least covering the following: generalist, emergency doctors, orthopaedic, paediatrician, anaesthetist, pharmacist, obstetrician, health director, laboratory technician, X-ray technician. | — | Tents:—appropriate tents for the medical activities,—tents for personnel. | — | appropriate tents for the medical activities, | — | tents for personnel. | — | Command post. | — | Logistic and medical supply deposit.
— | Medical team for:—triage,—intensive care,—surgery,—serious, but not life-threatening injuries,—evacuation,—specialised support personnel,—and at least covering the following: generalist, emergency doctors, orthopaedic, paediatrician, anaesthetist, pharmacist, obstetrician, health director, laboratory technician, X-ray technician. | — | triage, | — | intensive care, | — | surgery, | — | serious, but not life-threatening injuries, | — | evacuation, | — | specialised support personnel, | — | and at least covering the following: generalist, emergency doctors, orthopaedic, paediatrician, anaesthetist, pharmacist, obstetrician, health director, laboratory technician, X-ray technician.
— | triage,
— | intensive care,
— | surgery,
— | serious, but not life-threatening injuries,
— | evacuation,
— | specialised support personnel,
— | and at least covering the following: generalist, emergency doctors, orthopaedic, paediatrician, anaesthetist, pharmacist, obstetrician, health director, laboratory technician, X-ray technician.
— | Tents:—appropriate tents for the medical activities,—tents for personnel. | — | appropriate tents for the medical activities, | — | tents for personnel.
— | appropriate tents for the medical activities,
— | tents for personnel.
— | Command post.
— | Logistic and medical supply deposit.
Self-sufficiency | —Article 12 applies. | — | Article 12 applies.
— | Article 12 applies.
Deployment | —Availability for departure maximum 7 days after the request.—Operational on site 12 hours after arrival on site.—Ability to be operational for at least 15 days. | — | Availability for departure maximum 7 days after the request. | — | Operational on site 12 hours after arrival on site. | — | Ability to be operational for at least 15 days.
— | Availability for departure maximum 7 days after the request.
— | Operational on site 12 hours after arrival on site.
— | Ability to be operational for at least 15 days.10. Medical aerial evacuation of disaster victims

Tasks | —Transport disaster victims to health facilities for medical treatment. | — | Transport disaster victims to health facilities for medical treatment.
— | Transport disaster victims to health facilities for medical treatment.
Capacities | —Capacity to transport 50 patients per 24 hour.—Ability to fly day and night. | — | Capacity to transport 50 patients per 24 hour. | — | Ability to fly day and night.
— | Capacity to transport 50 patients per 24 hour.
— | Ability to fly day and night.
Main components | —Helicopters/planes with stretchers | — | Helicopters/planes with stretchers
— | Helicopters/planes with stretchers
Self-sufficiency | —Elements (f) and (g) of Article 12(1) apply. | — | Elements (f) and (g) of Article 12(1) apply.
— | Elements (f) and (g) of Article 12(1) apply.
Deployment | —Availability for departure maximum 12 hours after the acceptance of the offer. | — | Availability for departure maximum 12 hours after the acceptance of the offer.
— | Availability for departure maximum 12 hours after the acceptance of the offer.11. Emergency temporary camp

Tasks | —Provide emergency temporary shelter, including staff to assemble the camp, mainly in the initial stages of a disaster in coordination with existing structures, local authorities and international organisations until handover to local authorities or humanitarian organisations, where the capacity remains necessary for longer periods.—Where a handover takes place, train the relevant personnel (local and/or international) before the pull out of the module. | — | Provide emergency temporary shelter, including staff to assemble the camp, mainly in the initial stages of a disaster in coordination with existing structures, local authorities and international organisations until handover to local authorities or humanitarian organisations, where the capacity remains necessary for longer periods. | — | Where a handover takes place, train the relevant personnel (local and/or international) before the pull out of the module.
— | Provide emergency temporary shelter, including staff to assemble the camp, mainly in the initial stages of a disaster in coordination with existing structures, local authorities and international organisations until handover to local authorities or humanitarian organisations, where the capacity remains necessary for longer periods.
— | Where a handover takes place, train the relevant personnel (local and/or international) before the pull out of the module.
Capacities | —Tent camp equipped for 250 persons (50 tents). | — | Tent camp equipped for 250 persons (50 tents).
— | Tent camp equipped for 250 persons (50 tents).
Main components | —Taking into account acknowledged international and EU guidelines,:—tents with heating (for winter conditions) and camp beds with sleeping-bag and/or blanket,—power generators and lighting equipment,—sanitation and hygiene facilities,—distribution of drinkable water, according to the WHO standard,—shelter for basic social activities (possibility to assemble). | — | Taking into account acknowledged international and EU guidelines,:—tents with heating (for winter conditions) and camp beds with sleeping-bag and/or blanket,—power generators and lighting equipment,—sanitation and hygiene facilities,—distribution of drinkable water, according to the WHO standard,—shelter for basic social activities (possibility to assemble). | — | tents with heating (for winter conditions) and camp beds with sleeping-bag and/or blanket, | — | power generators and lighting equipment, | — | sanitation and hygiene facilities, | — | distribution of drinkable water, according to the WHO standard, | — | shelter for basic social activities (possibility to assemble).
— | Taking into account acknowledged international and EU guidelines,:—tents with heating (for winter conditions) and camp beds with sleeping-bag and/or blanket,—power generators and lighting equipment,—sanitation and hygiene facilities,—distribution of drinkable water, according to the WHO standard,—shelter for basic social activities (possibility to assemble). | — | tents with heating (for winter conditions) and camp beds with sleeping-bag and/or blanket, | — | power generators and lighting equipment, | — | sanitation and hygiene facilities, | — | distribution of drinkable water, according to the WHO standard, | — | shelter for basic social activities (possibility to assemble).
— | tents with heating (for winter conditions) and camp beds with sleeping-bag and/or blanket,
— | power generators and lighting equipment,
— | sanitation and hygiene facilities,
— | distribution of drinkable water, according to the WHO standard,
— | shelter for basic social activities (possibility to assemble).
Self-sufficiency | —Article 12 applies. | — | Article 12 applies.
— | Article 12 applies.
Deployment | —Availability for departure maximum 12 hours after the acceptance of the offer.—Generally, the mission shall last at most 4-6 weeks, or a handover process would have begun where necessary. | — | Availability for departure maximum 12 hours after the acceptance of the offer. | — | Generally, the mission shall last at most 4-6 weeks, or a handover process would have begun where necessary.
— | Availability for departure maximum 12 hours after the acceptance of the offer.
— | Generally, the mission shall last at most 4-6 weeks, or a handover process would have begun where necessary.12. Chemical, biological, radiological and nuclear detection and sampling (CBRN)

Tasks | —Carry out/confirm the initial assessment, including:—the description of the dangers or the risks,—the determination of the contaminated area,—the assessment or confirmation of the protective measures already taken.—Perform qualified sampling.—Mark the contaminated area.—Prediction of the situation, monitoring, dynamic assessment of the risks, including recommendations for warning and other measures.—Provide support for immediate risk reduction. | — | Carry out/confirm the initial assessment, including:—the description of the dangers or the risks,—the determination of the contaminated area,—the assessment or confirmation of the protective measures already taken. | — | the description of the dangers or the risks, | — | the determination of the contaminated area, | — | the assessment or confirmation of the protective measures already taken. | — | Perform qualified sampling. | — | Mark the contaminated area. | — | Prediction of the situation, monitoring, dynamic assessment of the risks, including recommendations for warning and other measures. | — | Provide support for immediate risk reduction.
— | Carry out/confirm the initial assessment, including:—the description of the dangers or the risks,—the determination of the contaminated area,—the assessment or confirmation of the protective measures already taken. | — | the description of the dangers or the risks, | — | the determination of the contaminated area, | — | the assessment or confirmation of the protective measures already taken.
— | the description of the dangers or the risks,
— | the determination of the contaminated area,
— | the assessment or confirmation of the protective measures already taken.
— | Perform qualified sampling.
— | Mark the contaminated area.
— | Prediction of the situation, monitoring, dynamic assessment of the risks, including recommendations for warning and other measures.
— | Provide support for immediate risk reduction.
Capacities | —Identification of chemical and detection of radiological hazards through a combination of hand held, mobile and laboratory based equipment:—ability to detect alpha, beta and gamma radiation and to identify common isotopes,—ability to identify, and if possible, perform semi-quantitative analyses on common toxic industrial chemicals and recognised warfare agents.—Ability to gather, handle and prepare biological, chemical and radiological samples for further analyses elsewhere(8).—Ability to apply an appropriate scientific model to hazard prediction and to confirm the model by continuous monitoring.—Provide support for immediate risk reduction:—hazard containment,—hazard neutralisation,—provide technical support to other teams or modules. | — | Identification of chemical and detection of radiological hazards through a combination of hand held, mobile and laboratory based equipment:—ability to detect alpha, beta and gamma radiation and to identify common isotopes,—ability to identify, and if possible, perform semi-quantitative analyses on common toxic industrial chemicals and recognised warfare agents. | — | ability to detect alpha, beta and gamma radiation and to identify common isotopes, | — | ability to identify, and if possible, perform semi-quantitative analyses on common toxic industrial chemicals and recognised warfare agents. | — | Ability to gather, handle and prepare biological, chemical and radiological samples for further analyses elsewhere(8). | — | Ability to apply an appropriate scientific model to hazard prediction and to confirm the model by continuous monitoring. | — | Provide support for immediate risk reduction:—hazard containment,—hazard neutralisation,—provide technical support to other teams or modules. | — | hazard containment, | — | hazard neutralisation, | — | provide technical support to other teams or modules.
— | Identification of chemical and detection of radiological hazards through a combination of hand held, mobile and laboratory based equipment:—ability to detect alpha, beta and gamma radiation and to identify common isotopes,—ability to identify, and if possible, perform semi-quantitative analyses on common toxic industrial chemicals and recognised warfare agents. | — | ability to detect alpha, beta and gamma radiation and to identify common isotopes, | — | ability to identify, and if possible, perform semi-quantitative analyses on common toxic industrial chemicals and recognised warfare agents.
— | ability to detect alpha, beta and gamma radiation and to identify common isotopes,
— | ability to identify, and if possible, perform semi-quantitative analyses on common toxic industrial chemicals and recognised warfare agents.
— | Ability to gather, handle and prepare biological, chemical and radiological samples for further analyses elsewhere(8).
— | Ability to apply an appropriate scientific model to hazard prediction and to confirm the model by continuous monitoring.
— | Provide support for immediate risk reduction:—hazard containment,—hazard neutralisation,—provide technical support to other teams or modules. | — | hazard containment, | — | hazard neutralisation, | — | provide technical support to other teams or modules.
— | hazard containment,
— | hazard neutralisation,
— | provide technical support to other teams or modules.
Main components | —Mobile chemical and radiological field laboratory.—Hand held or mobile detection equipment.—Field sampling equipment.—Dispersion modelling systems.—Mobile meteorological station.—Marking material.—Reference documentation and access to designated sources of scientific expertise.—Secure and safe containment for the samples and waste.—Decontamination facilities for the personnel.—Appropriate personnel and protective equipment to sustain an operation in a contaminated and/or oxygen deficient environment, including gas tight suits where appropriate.—Supply of technical equipment for hazard containment and neutralisation. | — | Mobile chemical and radiological field laboratory. | — | Hand held or mobile detection equipment. | — | Field sampling equipment. | — | Dispersion modelling systems. | — | Mobile meteorological station. | — | Marking material. | — | Reference documentation and access to designated sources of scientific expertise. | — | Secure and safe containment for the samples and waste. | — | Decontamination facilities for the personnel. | — | Appropriate personnel and protective equipment to sustain an operation in a contaminated and/or oxygen deficient environment, including gas tight suits where appropriate. | — | Supply of technical equipment for hazard containment and neutralisation.
— | Mobile chemical and radiological field laboratory.
— | Hand held or mobile detection equipment.
— | Field sampling equipment.
— | Dispersion modelling systems.
— | Mobile meteorological station.
— | Marking material.
— | Reference documentation and access to designated sources of scientific expertise.
— | Secure and safe containment for the samples and waste.
— | Decontamination facilities for the personnel.
— | Appropriate personnel and protective equipment to sustain an operation in a contaminated and/or oxygen deficient environment, including gas tight suits where appropriate.
— | Supply of technical equipment for hazard containment and neutralisation.
Self-sufficiency | —Article 12 applies. | — | Article 12 applies.
— | Article 12 applies.
Deployment | —Availability for departure maximum 12 hours after the acceptance of the offer. | — | Availability for departure maximum 12 hours after the acceptance of the offer.
— | Availability for departure maximum 12 hours after the acceptance of the offer.13. Search and rescue in CBRN conditions

Tasks | —Special search and rescue using protective suits. | — | Special search and rescue using protective suits.
— | Special search and rescue using protective suits.
Capacities | —Special search and rescue using protective suits, in accordance with the requirements of the medium and heavy urban search and rescue modules as appropriate.—Three people working simultaneously in the hot zone.—Continuous intervention during 24 hours | — | Special search and rescue using protective suits, in accordance with the requirements of the medium and heavy urban search and rescue modules as appropriate. | — | Three people working simultaneously in the hot zone. | — | Continuous intervention during 24 hours
— | Special search and rescue using protective suits, in accordance with the requirements of the medium and heavy urban search and rescue modules as appropriate.
— | Three people working simultaneously in the hot zone.
— | Continuous intervention during 24 hours
Main components | —Marking material.—Secure and safe containment for the waste.—Decontamination facilities for the personnel and the rescued victims.—Appropriate personnel and protective equipment to sustain a search and rescue operation in a contaminated environment, in accordance with the requirements of the medium and heavy urban search and rescue modules as appropriate.—Supply of technical equipment for hazard containment and neutralisation. | — | Marking material. | — | Secure and safe containment for the waste. | — | Decontamination facilities for the personnel and the rescued victims. | — | Appropriate personnel and protective equipment to sustain a search and rescue operation in a contaminated environment, in accordance with the requirements of the medium and heavy urban search and rescue modules as appropriate. | — | Supply of technical equipment for hazard containment and neutralisation.
— | Marking material.
— | Secure and safe containment for the waste.
— | Decontamination facilities for the personnel and the rescued victims.
— | Appropriate personnel and protective equipment to sustain a search and rescue operation in a contaminated environment, in accordance with the requirements of the medium and heavy urban search and rescue modules as appropriate.
— | Supply of technical equipment for hazard containment and neutralisation.
Self-sufficiency | —Article 12 applies. | — | Article 12 applies.
— | Article 12 applies.
Deployment | —Availability for departure maximum 12 hours after the acceptance of the offer. | — | Availability for departure maximum 12 hours after the acceptance of the offer.
— | Availability for departure maximum 12 hours after the acceptance of the offer.14. Ground forest firefighting

Tasks | —To contribute to the extinction of large forest and vegetal fires by using ground means. | — | To contribute to the extinction of large forest and vegetal fires by using ground means.
— | To contribute to the extinction of large forest and vegetal fires by using ground means.
Capacities | —Sufficient human resources for continuous operations during 7 days.—Ability to operate in areas with restricted access.—Ability to set long lines of hoses with pumps, minimum 2 km, and/or make defence lines continuously. | — | Sufficient human resources for continuous operations during 7 days. | — | Ability to operate in areas with restricted access. | — | Ability to set long lines of hoses with pumps, minimum 2 km, and/or make defence lines continuously.
— | Sufficient human resources for continuous operations during 7 days.
— | Ability to operate in areas with restricted access.
— | Ability to set long lines of hoses with pumps, minimum 2 km, and/or make defence lines continuously.
Main components | —Firefighters trained to fulfil the above mentioned task and with additional safety and security training taking into account the different types of fires that the module might be deployed for.—Manual tools for making defence lines.—Hoses, portable tanks and pumps for establishing a line.—Adaptors for hose connection including the Storz standard.—Water backpacks.—Equipment potentially to be roped or winched down by helicopter.—Evacuation procedures for the firefighters have to be arranged with the receiving state. | — | Firefighters trained to fulfil the above mentioned task and with additional safety and security training taking into account the different types of fires that the module might be deployed for. | — | Manual tools for making defence lines. | — | Hoses, portable tanks and pumps for establishing a line. | — | Adaptors for hose connection including the Storz standard. | — | Water backpacks. | — | Equipment potentially to be roped or winched down by helicopter. | — | Evacuation procedures for the firefighters have to be arranged with the receiving state.
— | Firefighters trained to fulfil the above mentioned task and with additional safety and security training taking into account the different types of fires that the module might be deployed for.
— | Manual tools for making defence lines.
— | Hoses, portable tanks and pumps for establishing a line.
— | Adaptors for hose connection including the Storz standard.
— | Water backpacks.
— | Equipment potentially to be roped or winched down by helicopter.
— | Evacuation procedures for the firefighters have to be arranged with the receiving state.
Self-sufficiency | —Article 12 applies. | — | Article 12 applies.
— | Article 12 applies.
Deployment | —Availability for departure maximum 6 hours after the acceptance of the offer.—Ability to work continuously during 7 days. | — | Availability for departure maximum 6 hours after the acceptance of the offer. | — | Ability to work continuously during 7 days.
— | Availability for departure maximum 6 hours after the acceptance of the offer.
— | Ability to work continuously during 7 days.15. Ground forest firefighting using vehicles

Tasks | —To contribute to the extinction of large forest and vegetal fires using vehicles. | — | To contribute to the extinction of large forest and vegetal fires using vehicles.
— | To contribute to the extinction of large forest and vegetal fires using vehicles.
Capacities | —Sufficient human resources and vehicles for continuous operations with a minimum of 20 firefighters at any time. | — | Sufficient human resources and vehicles for continuous operations with a minimum of 20 firefighters at any time.
— | Sufficient human resources and vehicles for continuous operations with a minimum of 20 firefighters at any time.
Main components | —Firefighters trained to fulfil the above mentioned task.—4 vehicles with off road capability.—Tank capacity of each vehicle of at least 2 000 litres.—Adaptors for hose connection including the Storz standard. | — | Firefighters trained to fulfil the above mentioned task. | — | 4 vehicles with off road capability. | — | Tank capacity of each vehicle of at least 2 000 litres. | — | Adaptors for hose connection including the Storz standard.
— | Firefighters trained to fulfil the above mentioned task.
— | 4 vehicles with off road capability.
— | Tank capacity of each vehicle of at least 2 000 litres.
— | Adaptors for hose connection including the Storz standard.
Self-sufficiency | —Article 12 applies. | — | Article 12 applies.
— | Article 12 applies.
Deployment | —Availability for departure maximum 6 hours after the acceptance of the offer.—Ability to work continuously during 7 days.—Deployment by land or sea. Deployment by air is only an option in well justified cases. | — | Availability for departure maximum 6 hours after the acceptance of the offer. | — | Ability to work continuously during 7 days. | — | Deployment by land or sea. Deployment by air is only an option in well justified cases.
— | Availability for departure maximum 6 hours after the acceptance of the offer.
— | Ability to work continuously during 7 days.
— | Deployment by land or sea. Deployment by air is only an option in well justified cases.16. Flood containment

Tasks | —Reinforce existing structures and build new barriers to prevent further flooding of rivers, basins, waterways with rising water levels. | — | Reinforce existing structures and build new barriers to prevent further flooding of rivers, basins, waterways with rising water levels.
— | Reinforce existing structures and build new barriers to prevent further flooding of rivers, basins, waterways with rising water levels.
Capacities | —Ability to dam up water to a minimum height of 0,8 metres using:—the materials enabling building a barrier 1 000 metres long,—further materials made available on-site.—Ability to reinforce existing levees.—Ability to operate at a minimum of 3 locations at the same time within an area accessible by trucks.—Operational 24/7.—Supervision and maintenance of barriers and dykes.—Ability to work with local staff. | — | Ability to dam up water to a minimum height of 0,8 metres using:—the materials enabling building a barrier 1 000 metres long,—further materials made available on-site. | — | the materials enabling building a barrier 1 000 metres long, | — | further materials made available on-site. | — | Ability to reinforce existing levees. | — | Ability to operate at a minimum of 3 locations at the same time within an area accessible by trucks. | — | Operational 24/7. | — | Supervision and maintenance of barriers and dykes. | — | Ability to work with local staff.
— | Ability to dam up water to a minimum height of 0,8 metres using:—the materials enabling building a barrier 1 000 metres long,—further materials made available on-site. | — | the materials enabling building a barrier 1 000 metres long, | — | further materials made available on-site.
— | the materials enabling building a barrier 1 000 metres long,
— | further materials made available on-site.
— | Ability to reinforce existing levees.
— | Ability to operate at a minimum of 3 locations at the same time within an area accessible by trucks.
— | Operational 24/7.
— | Supervision and maintenance of barriers and dykes.
— | Ability to work with local staff.
Main components | —Material to build watertight barriers for a total distance end to end of 1 000 metres (sand shall be made available by the local authorities).—Foils/plastic sheets (if needed to make an existing barrier watertight, depends on construction of barrier).—Sandbag filling machine. | — | Material to build watertight barriers for a total distance end to end of 1 000 metres (sand shall be made available by the local authorities). | — | Foils/plastic sheets (if needed to make an existing barrier watertight, depends on construction of barrier). | — | Sandbag filling machine.
— | Material to build watertight barriers for a total distance end to end of 1 000 metres (sand shall be made available by the local authorities).
— | Foils/plastic sheets (if needed to make an existing barrier watertight, depends on construction of barrier).
— | Sandbag filling machine.
Self-sufficiency | —Article 12 applies. | — | Article 12 applies.
— | Article 12 applies.
Deployment | —Availability for departure maximum 12 hours after the acceptance of the offer.—Deployment by land or sea. Deployment by air is only an option in well justified cases.—Ability to be operational at least for 10 days. | — | Availability for departure maximum 12 hours after the acceptance of the offer. | — | Deployment by land or sea. Deployment by air is only an option in well justified cases. | — | Ability to be operational at least for 10 days.
— | Availability for departure maximum 12 hours after the acceptance of the offer.
— | Deployment by land or sea. Deployment by air is only an option in well justified cases.
— | Ability to be operational at least for 10 days.17. Flood rescue using boats

Tasks | —Water search and rescue and assist people trapped in a flooding situation by using boats.—Provide lifesaving aid and deliver first necessities as required. | — | Water search and rescue and assist people trapped in a flooding situation by using boats. | — | Provide lifesaving aid and deliver first necessities as required.
— | Water search and rescue and assist people trapped in a flooding situation by using boats.
— | Provide lifesaving aid and deliver first necessities as required.
Capacities | —Ability to search for people in urban and rural areas.—Ability to rescue people out of a flooded area including medical care on first responder level.—Ability to work together with aerial search (helicopters and planes).—Ability to deliver first necessities of life in a flooded area:—transportation of doctors, medicines, etc.—food and water.—The module must have at least 5 boats and the ability to transport 50 people in total excluding the staff of the Module.—The boats shall be designed for use in cold climate conditions and be able to drive upstream against at least 10 knots flow.—Operational 24/7. | — | Ability to search for people in urban and rural areas. | — | Ability to rescue people out of a flooded area including medical care on first responder level. | — | Ability to work together with aerial search (helicopters and planes). | — | Ability to deliver first necessities of life in a flooded area:—transportation of doctors, medicines, etc.—food and water. | — | transportation of doctors, medicines, etc. | — | food and water. | — | The module must have at least 5 boats and the ability to transport 50 people in total excluding the staff of the Module. | — | The boats shall be designed for use in cold climate conditions and be able to drive upstream against at least 10 knots flow. | — | Operational 24/7.
— | Ability to search for people in urban and rural areas.
— | Ability to rescue people out of a flooded area including medical care on first responder level.
— | Ability to work together with aerial search (helicopters and planes).
— | Ability to deliver first necessities of life in a flooded area:—transportation of doctors, medicines, etc.—food and water. | — | transportation of doctors, medicines, etc. | — | food and water.
— | transportation of doctors, medicines, etc.
— | food and water.
— | The module must have at least 5 boats and the ability to transport 50 people in total excluding the staff of the Module.
— | The boats shall be designed for use in cold climate conditions and be able to drive upstream against at least 10 knots flow.
— | Operational 24/7.
Main components | —Boats designed for:—shallow-streaming water conditions (> 0,5 m),—use in windy conditions,—use during day and night,—shall be equipped according to international safety standards including life jackets for the passengers.—People trained for swift water rescue. (No diving only surface rescue). | — | Boats designed for:—shallow-streaming water conditions (> 0,5 m),—use in windy conditions,—use during day and night,—shall be equipped according to international safety standards including life jackets for the passengers. | — | shallow-streaming water conditions (> 0,5 m), | — | use in windy conditions, | — | use during day and night, | — | shall be equipped according to international safety standards including life jackets for the passengers. | — | People trained for swift water rescue. (No diving only surface rescue).
— | Boats designed for:—shallow-streaming water conditions (> 0,5 m),—use in windy conditions,—use during day and night,—shall be equipped according to international safety standards including life jackets for the passengers. | — | shallow-streaming water conditions (> 0,5 m), | — | use in windy conditions, | — | use during day and night, | — | shall be equipped according to international safety standards including life jackets for the passengers.
— | shallow-streaming water conditions (> 0,5 m),
— | use in windy conditions,
— | use during day and night,
— | shall be equipped according to international safety standards including life jackets for the passengers.
— | People trained for swift water rescue. (No diving only surface rescue).
Self-sufficiency | —Article 12 applies. | — | Article 12 applies.
— | Article 12 applies.
Deployment | —Availability for departure maximum 12 hours after the acceptance of the offer.—Deployment by land or sea Deployment by air is only an option in well justified cases.—Ability to be operational at least for 10 days. | — | Availability for departure maximum 12 hours after the acceptance of the offer. | — | Deployment by land or sea Deployment by air is only an option in well justified cases. | — | Ability to be operational at least for 10 days.
— | Availability for departure maximum 12 hours after the acceptance of the offer.
— | Deployment by land or sea Deployment by air is only an option in well justified cases.
— | Ability to be operational at least for 10 days.
Technical assistance and support teams
General requirements for technical assistance and support teams

Tasks | —Provide or arrange for:—support for set-up and running of office,—ICT support,—logistics and subsistence support,—transport support on site. | — | Provide or arrange for:—support for set-up and running of office,—ICT support,—logistics and subsistence support,—transport support on site. | — | support for set-up and running of office, | — | ICT support, | — | logistics and subsistence support, | — | transport support on site.
— | Provide or arrange for:—support for set-up and running of office,—ICT support,—logistics and subsistence support,—transport support on site. | — | support for set-up and running of office, | — | ICT support, | — | logistics and subsistence support, | — | transport support on site.
— | support for set-up and running of office,
— | ICT support,
— | logistics and subsistence support,
— | transport support on site.
Capacities | —Capable of assisting an assessment, coordination and/or preparedness team, an on-site operations coordination centre, or of being combined into a civil protection module as referred to in Article 12(2)(c). | — | Capable of assisting an assessment, coordination and/or preparedness team, an on-site operations coordination centre, or of being combined into a civil protection module as referred to in Article 12(2)(c).
— | Capable of assisting an assessment, coordination and/or preparedness team, an on-site operations coordination centre, or of being combined into a civil protection module as referred to in Article 12(2)(c).
Main components | —The following support components, enabling all on site operations coordination centre functions to be fulfilled, taking into account acknowledged international guidelines such as UN guidelines:—support for set-up and running of office,—ICT support equipment,—logistics and subsistence support equipment,—transport support on site.The components shall be able to be divided in different units to ensure flexibility when adapting to the needs of a specific intervention. | — | The following support components, enabling all on site operations coordination centre functions to be fulfilled, taking into account acknowledged international guidelines such as UN guidelines:—support for set-up and running of office,—ICT support equipment,—logistics and subsistence support equipment,—transport support on site.The components shall be able to be divided in different units to ensure flexibility when adapting to the needs of a specific intervention. | — | support for set-up and running of office, | — | ICT support equipment, | — | logistics and subsistence support equipment, | — | transport support on site.
— | The following support components, enabling all on site operations coordination centre functions to be fulfilled, taking into account acknowledged international guidelines such as UN guidelines:—support for set-up and running of office,—ICT support equipment,—logistics and subsistence support equipment,—transport support on site.The components shall be able to be divided in different units to ensure flexibility when adapting to the needs of a specific intervention. | — | support for set-up and running of office, | — | ICT support equipment, | — | logistics and subsistence support equipment, | — | transport support on site.
— | support for set-up and running of office,
— | ICT support equipment,
— | logistics and subsistence support equipment,
— | transport support on site.
Deployment | —Availability for departure maximum 12 hours after the request. | — | Availability for departure maximum 12 hours after the request.
— | Availability for departure maximum 12 hours after the request.
(1) Live casualty.
(2) Basic capacity, more extensive capacities are included in the ‘chemical, biological, radiological and nuclear detection and sampling’ module.
(3) Patient care (first aid and medical stabilisation) from victim access to victim handover.
(4) Live casualty.
(5) Basic capacity, more extensive capacities are included in the ‘chemical, biological, radiological and nuclear detection and sampling’ module.
(6) Patient care (first aid and medical stabilisation) from victim access to victim handover.
(7) Subject to medical and veterinary licensing terms.
(8) This process shall, where possible, take account of the evidential requirements of the requesting state.

ANNEX IIISTART-UP CONFIGURATION OF THE EERC
Modules

Module | Number of modules simultaneously available for deployment(1)
HCP(High capacity pumping) | 6
MUSAR(Medium urban search and rescue — 1 for cold conditions) | 6
WP(Water purification) | 2
FFFP(Aerial forest fire fighting module using planes) | 2
AMP(Advanced medical post) | 2
ETC(Emergency Temporary Camp) | 2
HUSAR(Heavy urban search and rescue) | 2
CBRNDET(CBRN detection and sampling) | 2
GFFF(Ground forest fire fighting) | 2
GFFF-V(Ground forest fire fighting using vehicles) | 2
CBRNUSAR(USAR in CBRN conditions) | 1
AMP-S(Advanced medical post with surgery) | 1
FC(Flood containment) | 2
FRB(Flood rescue using boats) | 2
MEVAC(Medical aerial evacuation of disaster victims) | 1
FHOS(Field hospital) | 2
FFFH(Aerial forest firefighting module using helicopters) | 2

Technical Assistance and Support Teams

Technical Assistance and Support Team | Number of TAST simultaneously available for deployment(1)
TAST(Technical Assistance and Support Team) | 2

Other response capacities

Other response capacity | Number of other response capacities simultaneously available for deployment(1)
Teams for mountain search and rescue | 2
Teams for water search and rescue | 2
Teams for cave search and rescue | 2
Teams with specialized search and rescue equipment, e.g. search robots | 2
Teams with unmanned aerial vehicles | 2
Teams for maritime incident response | 2
Structural engineering teams, to carry out damage and safety assessments, appraisal of buildings to be demolished/repaired, assessment of infrastructure, short-term shoring | 2
Evacuation support: including teams for information management and logistics | 2
Fire-fighting: advisory/assessment teams | 2
CBRN decontamination teams | 2
Mobile laboratories for environmental emergencies | 2
Communication teams or platforms to quickly re-establish communications in remote areas | 2
Medical Evacuation Jets Air Ambulance and Medical Evacuation Helicopter separately for inside Europe or worldwide | 2
Additional Shelter Capacity: units for 250 persons (50 tents); incl. self-sufficiency unit for the handling staff | 100
Additional Capacity Shelter-kit: units for 2 500 persons (500 tarpaulins); with toolkit possibly to be procured locally | 6
Water pumps with minimum capacity to pump 800 l/min | 100
Power generators of 5-150 kWPower generators above 150 kW | 10010
Marine pollution capacities | as necessary
Other response capacities necessary to address identified risks(1) | as necessary
(1) To ensure this availability, the option of registering a higher number of capacities in the EERC (e.g. in case of rotation) shall be possible. Likewise, in case Member States make more capacities available, a higher number may be registered in the EERC.

ANNEX IVQUALITY AND INTEROPERABILITY REQUIREMENTS OF THE EERC
— | For modules, as well as for technical assistance and support teams, the requirements set out in Annex II shall apply in the start-up configuration. For the future, the quality and interoperability requirements shall be reviewed by the Commission in cooperation with Member States, with the aim to further improve the availability of the response capacities in the EERC, including their response times.
— | For other response capacities and experts, quality and interoperability requirements shall also be defined by the Commission in cooperation with Member States.

INFORMATION ELEMENTS

ANNEX VCERTIFICATION AND REGISTRATION PROCEDURE FOR THE EERC — INFORMATION ELEMENTSThe information elements to be provided to apply for the certification and registration procedure of a particular asset in the EERC shall include the following elements and any other information the Commission considers necessary:

1. | Self-assessment establishing that the asset fulfils the quality requirements established for this type of asset;
2. | Factsheet of the module, including technical assistance and support team, other response capacity, or expert (CECIS factsheets);
3. | Confirmation of necessary arrangements put in place to ensure the relevant authority and national contact points are continuously capable to handle without delay requests for deployment with regard to their assets registered in the EERC;
4. | Confirmation that all necessary measures have been taken, including the necessary financing arrangements, to ensure that the asset registered in the EERC can be deployed immediately following an invitation to deploy by the Commission;
5. | Exact duration of the pre-commitment in the EERC [minimum one year, maximum three years, except for experts, where the duration can be as low as 6 months];
6. | Information on the guaranteed maximum mobilisation time [maximum 12 hours after the acceptance of the offer];
7. | The geographic location of the asset, the indicative location of mobilisation (airport etc.), the normal geographic scope of deployment, as well as geographic restrictions, if any;
8. | Standard Operating Procedures of the module, including technical assistance and support team, or other response capacity (e.g. Modules SOPs Guidelines);
9. | All relevant transport handling information, such as measures, weights, flight restrictions, etc., preferred modes of transport; if relevant: access to harbours;
10. | Any other restrictions or other foreseeable conditions of deployment;
11. | An ‘Experience File’, with summaries of previous deployments of the module, other response capacity, or expert; participation in Union Mechanism exercises, training of key personnel (Team Leader, Deputy Team Leader) through the Union Mechanism, compliance with international standards where relevant (e.g. INSARAG, WHO, IFRC, etc.);
12. | A self-assessment of adaptation needs and associated costs;
13. | All necessary contact information;
14. | Attestation establishing that the module, including technical assistance and support team, other response capacity, or expert is in compliance with the quality requirements [and has successfully passed the certification procedure];
Module | Factsheets, SOPs, Training | Modules Field Exercise | Modules Table Top Exercise
HCP(High capacity pumping) | x | x | x
MUSAR(Medium urban search and rescue) | x | (x) if not IEC(*1) | x
WP(Water purification) | x | x | x
FFFP(Aerial forest fire fighting module using planes) | x | | x
AMP(Advanced medical post) | x | x | x
ETC(Emergency Temporary Camp) | x | | x
HUSAR(Heavy urban search and rescue) | x | (x) if not IEC(*1) | x
CBRNDET(CBRN detection and sampling) | x | x | x
GFFF(Ground forest fire fighting) | x | | x
GFFF-V(Ground forest fire fighting using vehicles) | x | | x
CBRNUSAR(USAR in CBRN conditions) | x | x | x
AMP-S(Advanced medical post with surgery) | x | | x
FC(Flood containment) | x | | x
FRB(Flood rescue using boats) | x | x | x
MEVAC(Medical aerial evacuation of disaster victims) | x | | x
FHOS(Field hospital) | x | | x
FFFH(Aerial forest firefighting module using helicopters) | x | | x
TAST(Technical Assistance and Support Team) | x | x | x
(*1) IEC stands for INSARAG External Classification.

ERCC specific deployment plan for [disaster]

ANNEX VIOUTLINE FOR ERCC SPECIFIC DEPLOYMENT PLANSDescription of intervention scenario
— | Situational analysis — coordination on the ground
— | Reference to pre-developed general intervention scenarios
— | Exit scenariosSelection criteria for EERC assets
— | Reference to security situation on the ground
— | Reference to pre-defined selection criteria: availability, suitability, location/proximity, transport times and costs, etc.
— | Indication of urgency
— | Geographical limits and other pre-defined limitsUpdated Mechanism status information
— | Requests, offers, EUCP team, transport poolingRecommendations on
— | Provision of assistance
— | Critical needs
— | Other relevant elements, as available, such as logistics, customs, consignees
ANNEX VIIRELEVANT INTERNATIONAL ORGANISATIONSThis Annex lists the relevant international organisations referred to in Article 16(1) of Decision No 1313/2013/EU. Union civil protection assistance may be requested through or by any of these relevant international organisations.

1. | International Organization for Migration (IOM)
2. | International Federation of Red Cross and Red Crescent Societies (IFRC)
3. | Organisation for the Prohibition of Chemical Weapons (OPCW)

PART A

ANNEX VIIITRANSPORT SUPPORT
Information to be provided by Member States requesting transport support

| 1. | Disaster/emergency; country affected.
| 2. | References to messages issued by the Emergency Response Coordination Centre (ERCC).
| 3. | State/authorities requesting transport support.
| 4. | Form of transport support requested: (choose one or several options below):A. Identification of transport means available by other Member States (pooling)YES/NOB. Identification of transport means available in the commercial market (European Commission transport contractor) or other sourcesYES/NOC. Financial support in form of transport grantYES/NO
| 5. | Final recipient/beneficiary of the assistance transported.
| 6. | Details of the civil protection assistance to be transported including precise description of items, weight, size, volume, floor space, packaging with due reference to air, land, maritime packaging standards, any hazardous items, vehicle characteristics as well as overall weight, size, volume, floor space and other legal, customs, health or sanitary requirements relevant for the transport and the delivery of the assistance.Information on number of staff travelling/passengers to be transported.
| 7. | Information on how this assistance meets the needs of the affected country in reference to affected country request or needs assessment, in particular as regards critical needs identified.
| 8. | Information on the state of play regarding this assistance by the affected state or coordinating authority. (accepted/pending acceptance)
| 9. | Required/or envisaged route for transportation.
| 10. | Place/port of embarkation and local contact point.
| 11. | Place/port of disembarkation and local contact point. If available information on who will arrange offloading and customs clearance at the place/port of disembarkation.
| 12. | Contact point for custom documentation/formalities.
| 13. | Date/Time when the assistance/passengers is/are ready for transportation from the port of embarkation.
| 14. | Information on any possibilities to move assistance/passengers to an alternative place/port of embarkation/hub for onward movement.
| 15. | Additional information (as appropriate), if available, place of delivery, address and contact details of the consignee.
| 16. | Information on possible contributions to the transportation costs.
| 17. | Information on other transport solutions already identified.
| 18. | Information concerning a request for Union co — financing (when applicable).
| 19. | Name and contact details of the representative of the organisation requesting transport support.PART B
Information to be provided by Member States or the Commission when offering transport support

| 1. | Disaster/Emergency, country affected.
| 2. | Responding State/organisation.
| 3. | References to messages issued by the Emergency Response Coordination Centre of (ERCC) and of the Member State/organisation requesting transport support.
| 4. | Technical details of the offer of transportation including types of transport resources available, dates and times of transportation, number of movements or sorties required.
| 5. | Particular details, constraints and modalities concerning the civil protection assistance to be transported, including weight, size, volume, floor space, packaging, possible hazardous items, vehicle preparation, handling requirements, staff/passenger travelling and other legal, customs, health or sanitary requirements relevant for the transport.
| 6. | Proposed route for transportation.
| 7. | Place/port of embarkation and local contact point.
| 8. | Place/port of disembarkation and local contact point.
| 9. | Contact point for custom documentation/formalities.
| 10. | Date/Time when the assistance/passengers needs to be ready, for transportation from the port of embarkation.
| 11. | Information on any request for movement of assistance/passengers to an alternative place/port of embarkation/hub for onward movement.
| 12. | Date/time when the assistance/passengers is/are planned to arrive to place/port of disembarkation.
| 13. | Additional information (as appropriate).
| 14. | Information on possible request for contributions to the transportation costs, financial contributions and details of any particular conditions or restriction related to the offer.
| 15. | Name and contact details of the representative of the organisation offering transport support.

ANNEX IXCORRELATION TABLE
Decision 2004/277/EC, Euratom | Decision 2007/606/EC, Euratom | This Decision
Article 1 | | Article 1
Article 2 | | Article 2
Article 3(1)(1)Article 3(2)Article 3(3)Article 3(4) | | Article 10(1)Article 10(3)——
Article 3a(1)Article 3a(2)Article 3a(3)Article 3a(4) | | Article 13(1)Article 13(2)Article 11(1)Article 11(2)
Article 3b | | Article 12
Article 3c | | Article 13(4)
Article 4 | | —
Article 5 | | Article 3(2)
Article 6 | | —
Article 7 | | —
Article 8 | | Article 4
Article 9 | | —
Article 10 | | Article 5
Article 11(1)Article 11(2)Article 11(3) | | Article 6(1)Article 6(2)Article 6(3)
Article 12 | | Article 7
Article 13 | | —
Article 14 | | Article 10(1) and 10(3)
Article 15 | | Article 41
Article 16(1)Article 16(2)Article 16(3)Article 16(4) | | Article 42(1)Article 42(2)Article 42(3)Article 42(4)
Article 17 | | Article 43
Article 18 | | Article 44
Article 19 | | Article 45
Article 20 | | Article 46
Article 21 | | Article 26
Article 22 | | Article 27.1
Article 23 | | Article 26(1), third sentence
Article 24 | | Article 32(3)
Article 25 | | Article 29
Article 26 | | Article 30
Article 27(1)Article 27(2)Article 27(3) | | Article 31, first sentenceArticle 27(3)Article 31, second sentence
Article 28 | | —
Article 29(1)Article 29(2)Article 29(3)Article 29(4)Article 29(5)Article 29(6)Article 29(7)Article 29(8)Article 29(9)Article 29(10)Article 29(11) | | Article 35(3), first sentenceArticle 35(2)Article 35(4) and 35(5)Articles 35(1)——Article 35(10)Article 35(12)Article 46(1)——
Article 30 | | —
Article 31 | | —
Article 32(1)Article 32(2)Article 32(3)Article 32(4)Article 32(5)Article 32(6) | | Article 36(1)Article 36(2)Article 36(2)Article 36(3)Article 36(4)Article 36(5)
Article 33 | | Article 37
Article 34 | | Article 38
Article 35 | | Article 39
Article 36 | | Article 40
Article 37 | | Article 58
| Article 1 | Article 1
| Article 2 | Article 2
| Article 3(1)Article 3(2)Article 3(3)Article 3(4)Article 3(5) | Article 48(1)—Article 48(2)Article 48(4)Article 48(5)
| Article 4(1)Article 4(2)Article 4(3) | Article 49(1)Article 49(2)Article 49(2), second sentence; and Article 50(1), first sentence
| Article 5(1)Article 5(2)Article 5(3)Article 5(4)Article 5(5)Article 5(6) | Article 50(1)—Article 50(2)Article 50(3)Article 50(4)Article 50(5)
| Article 6 | Article 51
| Article 7 | Article 52
| Article 8(1)Article 8(2)Article 8(3)Article 8(4)Article 8(5) | —Article 53(1)Article 53(2)Article 53(3)Article 53(4)
| Article 9 | —
| Article 10 | Article 54
| Article 11 | Article 55
| Article 12 | Article 56
| Article 13 | Article 58
| Annex | Annex VIII
Annex I(2) | | Annex I
Annex II(3) | | Annex II
Annex III(4) | | Annex II, at the end
(1) Articles 3a, 3b and 3c have been added through Commission Decision 2008/73/EC, Euratom (OJ L 20, 24.1.2008, p. 23) amending Decision 2004/277/EC, Euratom.
(2) Annex I as introduced by Decision 2008/73/EC, Euratom amending Decision 2004/277/EC, Euratom.
(3) Annex II as amended by Commission Decision 2010/481/EU, Euratom (OJ L 236, 7.9.2010, p. 5) amending Decision 2004/277/EC, Euratom.
(4) Annex III as introduced by Decision 2008/73/EC, Euratom amending Decision 2004/277/EC, Euratom.

Pending: 32014D0466

January 15, 2026
8.5.2014 EN Official Journal of the European Union L 135/1
(1) In addition to its core mission of financing investment in the European Union, which remains its main task and objective, the European Investment Bank (EIB) undertakes financing operations outside the Union in support of the Union's external policies. This allows the budget funds of the Union available to the external regions to be complemented by the financial strength of the EIB for the benefit of the targeted third countries. In undertaking such financing operations, the EIB indirectly contributes to the general principles and policy objectives of the Union, which include reducing poverty through inclusive growth and sustainable economy, environmental and social development and the prosperity of the Union in changing global economic circumstances.
(2) Article 209(3) of the Treaty on the Functioning of the European Union (TFEU), in conjunction with Article 208 thereof, provides that the EIB is to contribute, under the terms laid down in its Statute, to the implementation of the measures necessary to further the objectives of Union development cooperation policy.
(3) With a view to supporting Union external action, and in order to enable the EIB to finance investments outside the Union without affecting the credit standing of the EIB, the majority of its operations outside the Union have benefited from an EU budgetary guarantee (‘EU guarantee’) administered by the Commission. This further supports EIB's creditworthiness towards the financial markets, which is of primary importance.
(4) The latest EU guarantee for EIB financing operations signed during the period from 1 February 2007 to 31 December 2013 was established by Decision No 1080/2011/EU of the European Parliament and of the Council(2). An EU guarantee for EIB financing operations outside the Union in support of Union policies should be established for the 2014-20 multiannual financial framework.
(5) The Guarantee Fund for external actions (‘Guarantee Fund’), established by Council Regulation (EC, Euratom) No 480/2009(3), provides a liquidity cushion for the Union budget against losses incurred on EIB financing operations and on macro-financial assistance and Euratom loans outside the Union.
(6) A list of countries potentially eligible for EIB financing under the EU guarantee should be established. It is also appropriate to establish a list of countries actually eligible for EIB financing under the EU guarantee.
(7) Bhutan should be added to the list of countries actually eligible for EIB financing and Myanmar/Burma should be added to both lists following the recent developments which allowed the Union to open a new chapter in its relations with Bhutan and Myanmar/Burma in order to support the ongoing political and economic reforms in both countries.
(8) In order to reflect significant policy developments, the list of countries actually eligible for EIB financing operations under the EU guarantee should be reviewed as appropriate and the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of amendments to Annex III to this Decision. The Commission's amendments to Annex III should be based on an overall assessment including economic, social, environmental and political aspects, in particular those related to the democracy, human rights and fundamental freedoms. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of all relevant documents to the European Parliament and to the Council.
(9) In order to cater for the potential evolution of the actual provisioning needs of the Guarantee Fund in accordance with Regulation (EC, Euratom) No 480/2009, the maximum ceiling of the EU guarantee should be broken down into a fixed ceiling of a maximum amount of EUR 27 000 000 000 and an optional additional amount of EUR 3 000 000 000. The provisioning of the Guarantee Fund in the general budget of the Union (budget line 01 03 06) is madeex-poston the basis of the outturn figures for outstanding guaranteed external lending at the end of year n-2. In view of the proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 1638/2006 laying down general provisions establishing a European Neighbourhood and Partnership Instrument, ‘reflows’ deriving from Mediterranean risk capital and loan investments under operations concluded before 2007 using Union budget funds have been accumulated in a fiduciary account established for the Facility for Euro-Mediterranean Investment and Partnership (FEMIP). Part of these reflows should be used for the Guarantee Fund as an exceptional measure to ensure that the ceilings of EIB financing operations under this Decision are sustained at an appropriate level for the 2014-20 period. The remaining funds should be returned to the general budget of the Union.
(10) Issues to be considered for the activation, in whole or in part, of the optional additional amount should include: progress in the implementation of this Decision by the EIB, in particular the results of EIB operations based on information from, amongst others, the Results Measurement framework (REM), including the development impact; the provisioning needs of the Guarantee Fund taking into account past and future outstanding amounts on all activities covered by the Guarantee Fund; the macroeconomic, financial and political situation of the eligible regions and countries at the time of the mid-term review.
(11) The amounts covered by the EU guarantee in each region should continue to represent ceilings for the EIB financing under the EU guarantee and not targets that the EIB is required to meet. The ceilings should be evaluated as part of the mid-term review of this Decision, in particular in light of possible changes to the list of regions and countries actually eligible for EIB financing.
(12) EIB financing operations should be consistent with the beneficiary country's own strategies. Against this background, in order to enhance the coherence and the focus of the EIB external financing activity on supporting Union policies, and for the maximum benefit of beneficiaries, Decision No 1080/2011/EU sets out general objectives for EIB financing operations across all eligible regions and countries, i.e. local private sector development, in particular in support of small and medium-sized enterprises (SMEs), social and economic infrastructure and climate change mitigation and adaptation, building on the comparative strengths of the EIB in areas where it has a well-proven track record. These objectives should be maintained in this Decision to further promote sustainable growth and job creation.
(13) Improving access to financing for SMEs, including SMEs from the Union investing in the regions covered by this Decision, can play an essential role in stimulating economic development and in combating unemployment. In order to effectively reach out to SMEs, the EIB financing operations should be result-oriented. The EIB should, where possible, invest in research and innovation by SMEs as a means of supporting local development. The EIB should cooperate with local financial intermediary institutions in the eligible countries, which should be integrated into the local economy, in particular to ensure that part of the financial benefits is passed on to their clients and that added value is provided compared to other sources of finance. The EIB should also, as far as possible, increase the diversification of its financial partners in the countries in which it operates. During its due diligence, the EIB should assess if financing operations supporting SMEs via a financial intermediary are in line with the regional technical operational guidelines, the REM and the EIB standards. The EIB should establish a reporting mechanism to make sure that the funds dedicated to SMEs are used for their benefit. A consolidated report on SMEs financing under this Decision should be provided by the EIB as part of its contribution to the mid-term review.
(14) The coverage of the EU guarantee, which is limited to risks of a sovereign and political nature, is not sufficient in itself to ensure a meaningful EIB activity in support of micro-finance. Therefore such activity, where appropriate, should be carried out in connection with budgetary resources available under other instruments and via intermediary institutions including at local level as a means to promote growth and contribute indirectly to reducing poverty in poorer countries.
(15) The EIB should continue to finance investment projects in the areas of social, environmental, and economic infrastructure, including transport and energy, and should consider increasing its activity in support of health and education infrastructure when there is clear added value in doing so.
(16) To reinforce the climate change dimension of the EU guarantee, an overall volume of operations target and a system allowing toex-anteassess greenhouse gas emissions of projects supported under the EU guarantee should be introduced. EIB financing operations in support of climate change mitigation and adaptation should represent at least 25 % of total EIB financing operations in order to further the promotion of the Union's climate goals on a global scale. The EIB should provide its technical expertise in cooperation with the Commission to support public and private counterparties benefitting from EIB financing operations in order to address the challenge of climate change and to make the best possible use of available financing. Concessional funding should be available for mitigation and adaptation projects. EIB financing operations should, where possible and appropriate, be complemented by funds from the general budget of the Union through the efficient and appropriate blending of grants and loans for climate change financing in the context of Union external assistance. In this regard, the Commission's annual report to the European Parliament and the Council should contain a detailed report on the financial instruments used for financing these projects, identifying the amounts of EIB financing operations and the corresponding amounts of grants.
(17) Within the areas covered by the general objectives, regional integration among countries, in particular economic integration between Pre-accession countries, Neighbourhood countries and the Union, should be an underlying objective for EIB financing operations. In that context, the EIB should be able to support partner countries within areas covered by the general objectives through foreign direct investments by companies from the Union that promote economic integration with the Union and that contribute to promoting technology and knowledge transfer, provided that appropriate consideration has been given during the investment projects' due diligence to minimise the risks that EIB financing operations lead to negative repercussions on employment in the Union. The EIB should also be encouraged to support foreign direct investment in partner countries by companies from the Union at its own risk, taking into account the EIB's risk-bearing capacity.
(18) The EIB should regularly conductex postor mid-term evaluations of supported activities under this Decision with a view to assessing their relevance, performance and development effects and to identify aspects that could improve future activities. Such evaluations should contribute to accountability and analysis of sustainability.
(19) The practical measures for linking the general objectives of the EU guarantee and their implementation are to be set out in regional technical operational guidelines. Such guidelines should be consistent with the wider Union regional policy framework, including the differentiation principle in the European Neighbourhood Policy. The regional technical operational guidelines should be reviewed following the adoption of this Decision and further updated following the mid-term review in order to adapt to the developments in the Union external policies and priorities. The update of the regional operational technical guidelines should, among other considerations, take into account relevant developments in the eligible countries.
(20) In accordance with Protocol No 5 on the Statute of the European Investment Bank annexed to the Treaty on European Union (TEU) and the TFEU, applications made directly to the EIB for EIB financing operations to be carried out under this Decision are to be submitted to the Commission for an opinion on the conformity with relevant Union legislation and policies. In the case of EIB financing operations falling under this Decision, where the Commission delivers a negative opinion on any such operation, that operation should not be covered by the EU guarantee.
(21) While the EIB's strength remains its distinctive model as a publicly owned investment bank whose remit is that of providing long-term lending so as to meet the policy goals set by its shareholders, EIB financing operations should contribute to the general principles guiding Union external action, as referred to in Article 21 TEU, of consolidating and supporting democracy and the rule of law, human rights and fundamental freedoms, and to the implementation of international commitments and agreements, including environmental agreements to which the Union is a party. In particular, the EIB should contribute to economic, financial and technical cooperation with third countries in accordance with Article 212 TFEU. Furthermore, EIB actions should be in line with international law, including respect for the principles of the Charter of the United Nations. EIB actions should also be in line with the United Nations Economic Commission for Europe Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (Aarhus Convention) at relevant stages of the project cycle. In relation to developing countries, EIB financing operations should foster their sustainable economic, social and environmental development, particularly in the most disadvantaged amongst them, their smooth and gradual integration into the world economy, as well as compliance with objectives approved by the Union in the context of the United Nations and other relevant international organisations. While contributing to the implementation of the measures necessary to further the objectives of Union development cooperation policy in accordance with Article 209(3) TFEU, the EIB should strive to support indirectly the achievement of the United Nations' 2015 Millennium Development Goals, and after 2015 the achievement of any new development targets which might modify or replace the Millennium Development Goals, in all regions where it is active.
(22) The EIB activity under this Decision should support the implementation of the European Consensus on Development, of the Agenda for Change and of the principles of aid effectiveness outlined in the Paris Declaration of 2005, the Accra Agenda for Action of 2008 and the Busan Partnership Agreement of 2011. Furthermore, it should be coherent with the EU Strategic Framework and Action Plan on Human Rights and Democracy adopted by the Council on 25 June 2012 and international environmental agreements including biodiversity commitments. It should be implemented through a number of concrete measures, in particular by reinforcing the EIB's capacity to appraise environmental, social, development aspects of investment projects, including human rights, fundamental freedoms and conflict-related risks, and by promoting local consultation with public authorities and civil society. In this context, the EIB should implement and further develop its REM which provides a detailed set of performance indicators measuring the economic, environmental, social, and development impact of its financing operations throughout the EIB project cycle. The implementation of the REM should be evaluated as part of the mid-term review of this Decision. When carrying out due diligence in respect of an investment project, the EIB should, where appropriate and in line with the Union's social and environmental principles and international best practices, as well as Union law and the national law of the beneficiary country, require the investment project promoter to carry out local consultations and disclose their results to the public in order to take account of the impact of projects on the relevant stakeholders. The EIB should remain in communication with the project promoters and beneficiaries of the projects throughout the project programming process. Finance contracts signed during the period covered by this Decision for EIB financing operations involving public counterparties should explicitly include the possibility to suspend disbursements in case of revocation of eligibility under this Decision of the country in which the investment project takes place.
(23) At all levels, from upstream strategic planning to downstream investment project development, it should be ensured that EIB financing operations comply with and support Union external policies and the general objectives set out in this Decision. With a view to increasing the coherence of Union external action, dialogue on policy and strategy should be further strengthened between the Commission and the EIB, including the European External Action Service (EEAS), while keeping the European Parliament and the Council duly informed. EIB offices outside the Union should whenever possible be located within Union delegations in order to foster such cooperation while sharing operating costs. The Memorandum of Understanding between the European Commission and the European Investment Bank in respect of cooperation and coordination in the regions covered by the External Mandate, which was revised in 2013 enhancing cooperation and early mutual exchange of information between the Commission, the EEAS and the EIB at operational level, should continue to be applied. Cooperation in the framework of the Memorandum of Understanding should in particular include a regular review of the application of the differentiation principle in Neighbourhood countries. It is of particular importance to have an early and systematic exchange of views between the Commission and the EIB, including the EEAS, as appropriate, in the process of preparing relevant programming documents in order to maximise synergies between their activities. The cooperation in relation to the respect of human rights, fundamental freedoms and conflict prevention issues should also be reinforced. The EIB should be encouraged to cooperate with Union delegations during the EIB project cycle.
(24) Union external relations should be supported by several instruments in particular by Regulation (EU) No 236/2014 of the European Parliament and of the Council(4). With a view to enhancing the coherence of overall Union support in the regions concerned, opportunities should be seized to combine EIB financing with Union budgetary resources when and as appropriate, in the form of financial instruments provided for in Title VIII of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council(5)and technical assistance for project preparation and implementation, through the Instrument for Pre-Accession Assistance II established by Regulation (EU) No 231/2014 of the European Parliament and of the Council(6), the European Neighbourhood Instrument established by Regulation (EU) No 232/2014 of the European Parliament and of the Council(7), the Development Cooperation Instrument established by Regulation (EU) No 233/2014 of the European Parliament and of the Council(8), the Partnership Instrument for cooperation with third countries established by Regulation (EU) No 234/2014 of the European Parliament and of the Council(9), the Instrument for the promotion of Democracy and Human Rights worldwide established by Regulation (EU) No 235/2014 of the European Parliament and of the Council(10), the Instrument contributing to stability and peace established by Regulation (EU) No 230/2014 of the European Parliament and of the Council(11), and the Instrument for Nuclear Safety Cooperation established by Council Regulation (EU) No 237/2014(12). Following Decision No 1080/2011/EU, the Commission established an EU Platform for Blending in External Cooperation with a view to optimising the functioning of mechanisms for the blending of grants and loans outside the Union in particular in implementing the general budget of the Union and EIB loans respectively, and exchanging best practices on governance and on evaluation criteria at project level. The participation of the EIB and other financial institutions in blending mechanisms should be fully in line with the Union's external objectives, aid effectiveness and transparency.
(25) In its financing operations outside the Union that fall within the scope of this Decision, the EIB should endeavour further to enhance coordination and cooperation with European and international financial institutions, in particular those participating in the EU Platform for Blending in External Cooperation. This cooperation includes, where appropriate, cooperation on sector conditionality and mutual reliance on procedures, use of co-financing and participation in global initiatives, such as those promoting aid coordination and effectiveness. Such coordination and cooperation should strive to minimise possible duplication of costs and unnecessary overlap. Cooperation should be based on the principle of reciprocity. Reciprocal access by the EIB to financial instruments set up by other European and international financial institutions should be promoted, as appropriate. The tripartite memorandum of understanding between the Commission, the EIB Group and the European Bank for Reconstruction and Development (EBRD) in respect of cooperation outside the Union, which allows the EIB Group and the EBRD to act in a complementary way by relying on their respective comparative advantages, was updated in 2012 to cover the extension of EBRD's geographical scope to the Mediterranean region and should continue to be applied. The principles set out in this Decision should also be applied when EIB financing is implemented through cooperation agreements with other European and international financial institutions.
(26) The EIB should be encouraged to continue to finance operations outside the Union also at its own risk, including in support of Union economic interests, in countries and in favour of investment projects having a sufficient creditworthiness according to the assessment of the EIB and taking into account its own risk absorption capacity, so that the use of the EU guarantee can be focused on countries and investment projects where the EU guarantee provides added value on the basis of EIB own assessment, including in terms of sustainable economic, social and environmental development.
(27) The EIB should expand the range of innovative financial instruments it offers, including by focusing more on developing guarantee instruments. Moreover, the EIB should actively seek to participate in risk sharing instruments and debt capital market financing of projects with stable and predictable cash flow generation. In particular, it should consider supporting debt capital market instruments issued or granted for the benefit of an investment project carried out in the eligible countries. In addition, the EIB should increase its provision of loans in local currencies and issue bonds in local markets, provided that beneficiary countries put in place the necessary structural reforms, in particular in the financial sector, as well as other measures to facilitate EIB activities. In the diversification and expansion of capital market instruments, special care should be taken to ensure that such instruments do not lead to risky financial practices and indebtedness and therefore could threaten financial stability.
(28) The Commission should report annually to the European Parliament and the Council. The report should assess EIB financing operations and their compliance with this Decision, their added value and contribution to the Union external policies, their quality, their development impact drawing on the EIB's REM and the financial benefits transferred to beneficiaries. The report should also include information on calls on the EU guarantee, on climate change and biodiversity financing under this Decision, on the follow-up of the functioning of the Memorandum of Understanding between the EIB and the European Ombudsman, and a description of the cooperation with the Commission and other European and international financial institutions, including co-financing. The report should be made public in order to allow relevant stakeholders, including civil society, to express their views.
(29) The EIB financing operations in support of Union external policies should continue to be conducted in accordance with the principles of sound banking practice. They should continue to be managed in accordance with the EIB's own rules and procedures, which should reflect those principles, including appropriate control measures and compliance with the EIB's statement on social and environmental standards, as well as with the relevant rules and procedures concerning the Court of Auditors and the European Anti-Fraud Office (OLAF). In its financing operations the EIB should adequately implement its policies towards weakly regulated or non-cooperative jurisdictions identified as such by the Union, the United Nations, the Organisation for Economic Cooperation and Development or the Financial Action Task Force in order to contribute to the international fight against tax fraud, tax evasion and money-laundering. In the interests of transparency, the EIB should draw up, to the extent possible, in cooperation with the local financial intermediaries, a list of the final borrowers.
(30) The EIB should take appropriate measures ensuring that, when financing operations subject to the EU guarantee, the financial interests of the Union are protected by the application of preventive measures against fraud, corruption, money laundering and any other illegal activities and that OLAF is entitled to conduct on-the-spot checks and inspections in the premises of the beneficiaries. The EIB should, in line with its Policy on preventing and deterring prohibited conduct in European Investment Bank activities (the ‘EIB anti-fraud policy’), which was adopted in 2008 and revised in 2013, cooperate closely with the competent Union and Member States' authorities in order to strengthen the anti-money laundering and anti-terrorist financing measures in force and help improve their enforcement. In line with its Whistleblowing Policy, the EIB should also pay particular attention to information by whistleblowers regarding potential cases of fraud, corruption or other illegal activity, allowing for a proper follow-up, feedback and protection against retaliation.
(31) The EIB governing bodies should be encouraged to take the necessary measures to adapt the EIB activity to contribute to the Union's external policies in an effective manner, and to adequately meet the requirements set out in this Decision,
(a) a fixed ceiling of a maximum amount of EUR 27 000 000 000;
(b) an optional additional amount of EUR 3 000 000 000.
(a) local private sector development, in particular support to SMEs;
(b) development of social and economic infrastructure, including transport, energy, environmental infrastructure, and information and communication technology;
(c) climate change mitigation and adaptation.
(a) strategic documents prepared by the Commission or the EEAS as appropriate, such as country and regional strategy papers, indicative programmes, action plans and pre-accession documents;
(b) the EIB's strategic planning documents, investment project pipelines and EIB annual reporting to the Commission;
(c) other policy and operational aspects.
(a) non-transfer of currency;
(b) expropriation;
(c) war or civil disturbance;
(d) denial of justice upon breach of contract.
(a) an assessment of EIB financing operations at project, sector, country and regional levels and their compliance with this Decision;
(b) an assessment of the added value, the estimated outputs, outcomes and development impact of EIB financing operations at an aggregated basis, drawing on the EIB's Results Measurement framework annual report. To that effect, the EIB shall use performance indicators in relation to development, environmental and social aspects, including human right aspects, of projects funded, taking into account the relevant indicators under the Paris Declaration of 2005 for Aid Effectiveness. Indicators for environmental aspects of projects shall include criteria for clean technology which are oriented in principle at energy efficiency and technologies for reducing emissions;
(c) an assessment of the contribution of EIB financing operations to the fulfilment of Union external policy and strategic objectives, taking into account the regional technical operational guidelines referred to in Article 5;
(d) an assessment of the financial benefit transferred to beneficiaries of EIB financing operations on an aggregated basis;
(e) an assessment of the quality of EIB financing operations, in particular, the extent to which the EIB has taken into account environmental and social sustainability in the due diligence and monitoring of the investment projects financed;
(f) detailed information on calls on the EU guarantee;
(g) information on the climate change and biodiversity financing volumes under this Decision, the impact on absolute and relative greenhouse gas emissions referred to in Article 9(4) on an aggregated basis as well as the number of projects assessed against the climate risk;
(h) a description of the cooperation with the Commission and other European and international financial institutions, including co-financing. The report shall in particular include a breakdown of Union financial resources and resources of other European and international financial institutions used in combination with EIB financing, thus giving an overview of the overall investment supported by EIB financing operations carried out under this Decision. The report shall also mention the conclusion of new memoranda of understanding between the EIB and other European or international financial institutions having a bearing on EIB financing operations under this Decision;
(i) information on the follow up of the functioning of the Memorandum of Understanding between the EIB and the European Ombudsman in so far as that Memorandum concerns EIB financing operations covered by this Decision.
(a) all EIB financing operations carried out under this Decision, after the project approval stage, in particular indicating whether an investment project is covered by the EU guarantee and how it contributes to the goals of the Union external action, noting in particular its economic, social and environmental impact;
(b) unless confidentiality requirements apply, any memoranda of understanding between the EIB and other European or international financial institutions having a bearing on EIB financing operations under this Decision;
(c) where possible and appropriate, existing framework agreements between the EIB and a recipient country. When signing new agreements or amending existing ones, the EIB shall endeavour to make possible their disclosure;
(d) the EIB's allocation policy.
(a) an assessment of the application of the allocation policy;
(b) an assessment of EIB reporting and where appropriate recommendations on how to improve it;
(c) an assessment of the REM, including performance indicators and criteria, and their contribution to the achievement of the objectives of this Decision;
(d) a detailed account of the criteria considered for the recommendation concerning the potential activation in whole or in part of the optional additional amount.
A. Pre-accession countries: EUR 8 739 322 000;
B. Neighbourhood and Partnership countries: EUR 14 437 225 000, broken down into the following indicative sub-ceilings:(i)Mediterranean countries: EUR 9 606 200 000;(ii)Eastern Europe, Southern Caucasus and Russia: EUR 4 831 025 000; (i) Mediterranean countries: EUR 9 606 200 000; (ii) Eastern Europe, Southern Caucasus and Russia: EUR 4 831 025 000;
(i) Mediterranean countries: EUR 9 606 200 000;
(ii) Eastern Europe, Southern Caucasus and Russia: EUR 4 831 025 000;
(i) Mediterranean countries: EUR 9 606 200 000;
(ii) Eastern Europe, Southern Caucasus and Russia: EUR 4 831 025 000;
C. Asia and Latin America: EUR 3 407 295 000, broken down into the following indicative sub-ceilings:(i)Latin America: EUR 2 288 870 000;(ii)Asia: EUR 936 356 000;(iii)Central Asia: EUR 182 069 000; (i) Latin America: EUR 2 288 870 000; (ii) Asia: EUR 936 356 000; (iii) Central Asia: EUR 182 069 000;
(i) Latin America: EUR 2 288 870 000;
(ii) Asia: EUR 936 356 000;
(iii) Central Asia: EUR 182 069 000;
(i) Latin America: EUR 2 288 870 000;
(ii) Asia: EUR 936 356 000;
(iii) Central Asia: EUR 182 069 000;
D. South Africa: EUR 416 158 000.
1. CandidatesIceland, former Yugoslav Republic of Macedonia, Montenegro, Serbia, Turkey
2. Potential candidatesAlbania, Bosnia and Herzegovina, Kosovo
1. Mediterranean countriesAlgeria, Egypt, Israel, Jordan, Lebanon, Libya, Morocco, Palestine, Syria, Tunisia
2. Eastern Europe, Southern Caucasus and RussiaEastern Europe: Belarus, Republic of Moldova, UkraineSouthern Caucasus: Armenia, Azerbaijan, GeorgiaRussia
1. Latin AmericaArgentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, Cuba, Ecuador, El Salvador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, Uruguay, Venezuela
2. AsiaAfghanistan, Bangladesh, Bhutan, Brunei, Cambodia, China (including Hong Kong and Macao Special Administrative Regions), India, Indonesia, Iraq, Laos, Malaysia, Maldives, Mongolia, Myanmar/Burma, Nepal, Pakistan, Philippines, Singapore, South Korea, Sri Lanka, Taiwan, Thailand, Vietnam, Yemen
3. Central AsiaKazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, Uzbekistan
1. CandidatesIceland, former Yugoslav Republic of Macedonia, Montenegro, Serbia, Turkey
2. Potential candidatesAlbania, Bosnia and Herzegovina, Kosovo
1. Mediterranean countriesAlgeria, Egypt, Israel, Jordan, Lebanon, Libya, Morocco, Palestine, Tunisia
2. Eastern Europe, Southern Caucasus and RussiaEastern Europe: Republic of Moldova, UkraineSouthern Caucasus: Armenia, Azerbaijan, GeorgiaRussia
1. Latin AmericaArgentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, Uruguay, Venezuela
2. AsiaBangladesh, Brunei, Bhutan, Cambodia, China (including Hong Kong and Macao Special Administrative Regions), India, Indonesia, Iraq, Laos, Malaysia, Maldives, Mongolia, Myanmar/Burma, Nepal, Pakistan, Philippines, Singapore, South Korea, Sri Lanka, Thailand, Vietnam, Yemen
3. Central AsiaKazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, Uzbekistan
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 209 and 212 thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Acting in accordance with the ordinary legislative procedure(1),
Whereas
(1) In addition to its core mission of financing investment in the European Union, which remains its main task and objective, the European Investment Bank (EIB) undertakes financing operations outside the Union in support of the Union’s external policies. This allows the budget funds of the Union available to the external regions to be complemented by the financial strength of the EIB for the benefit of the targeted third countries. In undertaking such financing operations, the EIB indirectly contributes to the general principles and policy objectives of the Union, which include reducing poverty through inclusive growth and sustainable economy, environmental and social development and the prosperity of the Union in changing global economic circumstances.
(2) Article 209(3) of the Treaty on the Functioning of the European Union (TFEU), in conjunction with Article 208 thereof, provides that the EIB is to contribute, under the terms laid down in its Statute, to the implementation of the measures necessary to further the objectives of Union development cooperation policy.
(3) With a view to supporting Union external action, and in order to enable the EIB to finance investments outside the Union without affecting the credit standing of the EIB, the majority of its operations outside the Union have benefited from an EU budgetary guarantee (‘EU guarantee’) administered by the Commission. This further supports EIB’s creditworthiness towards the financial markets, which is of primary importance.
(4) The latest EU guarantee for EIB financing operations signed during the period from 1 February 2007 to 31 December 2013 was established by Decision No 1080/2011/EU of the European Parliament and of the Council(2). An EU guarantee for EIB financing operations outside the Union in support of Union policies should be established for the 2014-20 multiannual financial framework.
(5) The Guarantee Fund for external actions (‘Guarantee Fund’), established by Council Regulation (EC, Euratom) No 480/2009(3), provides a liquidity cushion for the Union budget against losses incurred on EIB financing operations and on macro-financial assistance and Euratom loans outside the Union.
(6) A list of countries potentially eligible for EIB financing under the EU guarantee should be established. It is also appropriate to establish a list of countries actually eligible for EIB financing under the EU guarantee.
(7) Bhutan should be added to the list of countries actually eligible for EIB financing and Myanmar/Burma should be added to both lists following the recent developments which allowed the Union to open a new chapter in its relations with Bhutan and Myanmar/Burma in order to support the ongoing political and economic reforms in both countries.
(8) In order to reflect significant policy developments, the list of countries actually eligible for EIB financing operations under the EU guarantee should be reviewed as appropriate and the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of amendments to Annex III to this Decision. The Commission’s amendments to Annex III should be based on an overall assessment including economic, social, environmental and political aspects, in particular those related to the democracy, human rights and fundamental freedoms. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of all relevant documents to the European Parliament and to the Council.
(9) In order to cater for the potential evolution of the actual provisioning needs of the Guarantee Fund in accordance with Regulation (EC, Euratom) No 480/2009, the maximum ceiling of the EU guarantee should be broken down into a fixed ceiling of a maximum amount of EUR 27 000 000 000 and an optional additional amount of EUR 3 000 000 000. The provisioning of the Guarantee Fund in the general budget of the Union (budget line 01 03 06) is madeex-poston the basis of the outturn figures for outstanding guaranteed external lending at the end of year n-2. In view of the proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 1638/2006 laying down general provisions establishing a European Neighbourhood and Partnership Instrument, ‘reflows’ deriving from Mediterranean risk capital and loan investments under operations concluded before 2007 using Union budget funds have been accumulated in a fiduciary account established for the Facility for Euro-Mediterranean Investment and Partnership (FEMIP). Part of these reflows should be used for the Guarantee Fund as an exceptional measure to ensure that the ceilings of EIB financing operations under this Decision are sustained at an appropriate level for the 2014-20 period. The remaining funds should be returned to the general budget of the Union.
(10) Issues to be considered for the activation, in whole or in part, of the optional additional amount should include: progress in the implementation of this Decision by the EIB, in particular the results of EIB operations based on information from, amongst others, the Results Measurement framework (REM), including the development impact; the provisioning needs of the Guarantee Fund taking into account past and future outstanding amounts on all activities covered by the Guarantee Fund; the macroeconomic, financial and political situation of the eligible regions and countries at the time of the mid-term review.
(11) The amounts covered by the EU guarantee in each region should continue to represent ceilings for the EIB financing under the EU guarantee and not targets that the EIB is required to meet. The ceilings should be evaluated as part of the mid-term review of this Decision, in particular in light of possible changes to the list of regions and countries actually eligible for EIB financing.
(12) EIB financing operations should be consistent with the beneficiary country’s own strategies. Against this background, in order to enhance the coherence and the focus of the EIB external financing activity on supporting Union policies, and for the maximum benefit of beneficiaries, Decision No 1080/2011/EU sets out general objectives for EIB financing operations across all eligible regions and countries, i.e. local private sector development, in particular in support of small and medium-sized enterprises (SMEs), social and economic infrastructure and climate change mitigation and adaptation, building on the comparative strengths of the EIB in areas where it has a well-proven track record. These objectives should be maintained in this Decision to further promote sustainable growth and job creation.
(13) Improving access to financing for SMEs, including SMEs from the Union investing in the regions covered by this Decision, can play an essential role in stimulating economic development and in combating unemployment. In order to effectively reach out to SMEs, the EIB financing operations should be result-oriented. The EIB should, where possible, invest in research and innovation by SMEs as a means of supporting local development. The EIB should cooperate with local financial intermediary institutions in the eligible countries, which should be integrated into the local economy, in particular to ensure that part of the financial benefits is passed on to their clients and that added value is provided compared to other sources of finance. The EIB should also, as far as possible, increase the diversification of its financial partners in the countries in which it operates. During its due diligence, the EIB should assess if financing operations supporting SMEs via a financial intermediary are in line with the regional technical operational guidelines, the REM and the EIB standards. The EIB should establish a reporting mechanism to make sure that the funds dedicated to SMEs are used for their benefit. A consolidated report on SMEs financing under this Decision should be provided by the EIB as part of its contribution to the mid-term review.
(14) The coverage of the EU guarantee, which is limited to risks of a sovereign and political nature, is not sufficient in itself to ensure a meaningful EIB activity in support of micro-finance. Therefore such activity, where appropriate, should be carried out in connection with budgetary resources available under other instruments and via intermediary institutions including at local level as a means to promote growth and contribute indirectly to reducing poverty in poorer countries.
(15) The EIB should continue to finance investment projects in the areas of social, environmental, and economic infrastructure, including transport and energy, and should consider increasing its activity in support of health and education infrastructure when there is clear added value in doing so.
(16) To reinforce the climate change dimension of the EU guarantee, an overall volume of operations target and a system allowing toex-anteassess greenhouse gas emissions of projects supported under the EU guarantee should be introduced. EIB financing operations in support of climate change mitigation and adaptation should represent at least 25 % of total EIB financing operations in order to further the promotion of the Union’s climate goals on a global scale. The EIB should provide its technical expertise in cooperation with the Commission to support public and private counterparties benefitting from EIB financing operations in order to address the challenge of climate change and to make the best possible use of available financing. Concessional funding should be available for mitigation and adaptation projects. EIB financing operations should, where possible and appropriate, be complemented by funds from the general budget of the Union through the efficient and appropriate blending of grants and loans for climate change financing in the context of Union external assistance. In this regard, the Commission’s annual report to the European Parliament and the Council should contain a detailed report on the financial instruments used for financing these projects, identifying the amounts of EIB financing operations and the corresponding amounts of grants.
(17) Within the areas covered by the general objectives, regional integration among countries, in particular economic integration between Pre-accession countries, Neighbourhood countries and the Union, should be an underlying objective for EIB financing operations. In that context, the EIB should be able to support partner countries within areas covered by the general objectives through foreign direct investments by companies from the Union that promote economic integration with the Union and that contribute to promoting technology and knowledge transfer, provided that appropriate consideration has been given during the investment projects’ due diligence to minimise the risks that EIB financing operations lead to negative repercussions on employment in the Union. The EIB should also be encouraged to support foreign direct investment in partner countries by companies from the Union at its own risk, taking into account the EIB’s risk-bearing capacity.
(18) The EIB should regularly conductex postor mid-term evaluations of supported activities under this Decision with a view to assessing their relevance, performance and development effects and to identify aspects that could improve future activities. Such evaluations should contribute to accountability and analysis of sustainability.
(19) The practical measures for linking the general objectives of the EU guarantee and their implementation are to be set out in regional technical operational guidelines. Such guidelines should be consistent with the wider Union regional policy framework, including the differentiation principle in the European Neighbourhood Policy. The regional technical operational guidelines should be reviewed following the adoption of this Decision and further updated following the mid-term review in order to adapt to the developments in the Union external policies and priorities. The update of the regional operational technical guidelines should, among other considerations, take into account relevant developments in the eligible countries.
(20) In accordance with Protocol No 5 on the Statute of the European Investment Bank annexed to the Treaty on European Union (TEU) and the TFEU, applications made directly to the EIB for EIB financing operations to be carried out under this Decision are to be submitted to the Commission for an opinion on the conformity with relevant Union legislation and policies. In the case of EIB financing operations falling under this Decision, where the Commission delivers a negative opinion on any such operation, that operation should not be covered by the EU guarantee.
(21) While the EIB’s strength remains its distinctive model as a publicly owned investment bank whose remit is that of providing long-term lending so as to meet the policy goals set by its shareholders, EIB financing operations should contribute to the general principles guiding Union external action, as referred to in Article 21 TEU, of consolidating and supporting democracy and the rule of law, human rights and fundamental freedoms, and to the implementation of international commitments and agreements, including environmental agreements to which the Union is a party. In particular, the EIB should contribute to economic, financial and technical cooperation with third countries in accordance with Article 212 TFEU. Furthermore, EIB actions should be in line with international law, including respect for the principles of the Charter of the United Nations. EIB actions should also be in line with the United Nations Economic Commission for Europe Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (Aarhus Convention) at relevant stages of the project cycle. In relation to developing countries, EIB financing operations should foster their sustainable economic, social and environmental development, particularly in the most disadvantaged amongst them, their smooth and gradual integration into the world economy, as well as compliance with objectives approved by the Union in the context of the United Nations and other relevant international organisations. While contributing to the implementation of the measures necessary to further the objectives of Union development cooperation policy in accordance with Article 209(3) TFEU, the EIB should strive to support indirectly the achievement of the United Nations’ 2015 Millennium Development Goals, and after 2015 the achievement of any new development targets which might modify or replace the Millennium Development Goals, in all regions where it is active.
(22) The EIB activity under this Decision should support the implementation of the European Consensus on Development, of the Agenda for Change and of the principles of aid effectiveness outlined in the Paris Declaration of 2005, the Accra Agenda for Action of 2008 and the Busan Partnership Agreement of 2011. Furthermore, it should be coherent with the EU Strategic Framework and Action Plan on Human Rights and Democracy adopted by the Council on 25 June 2012 and international environmental agreements including biodiversity commitments. It should be implemented through a number of concrete measures, in particular by reinforcing the EIB’s capacity to appraise environmental, social, development aspects of investment projects, including human rights, fundamental freedoms and conflict-related risks, and by promoting local consultation with public authorities and civil society. In this context, the EIB should implement and further develop its REM which provides a detailed set of performance indicators measuring the economic, environmental, social, and development impact of its financing operations throughout the EIB project cycle. The implementation of the REM should be evaluated as part of the mid-term review of this Decision. When carrying out due diligence in respect of an investment project, the EIB should, where appropriate and in line with the Union’s social and environmental principles and international best practices, as well as Union law and the national law of the beneficiary country, require the investment project promoter to carry out local consultations and disclose their results to the public in order to take account of the impact of projects on the relevant stakeholders. The EIB should remain in communication with the project promoters and beneficiaries of the projects throughout the project programming process. Finance contracts signed during the period covered by this Decision for EIB financing operations involving public counterparties should explicitly include the possibility to suspend disbursements in case of revocation of eligibility under this Decision of the country in which the investment project takes place.
(23) At all levels, from upstream strategic planning to downstream investment project development, it should be ensured that EIB financing operations comply with and support Union external policies and the general objectives set out in this Decision. With a view to increasing the coherence of Union external action, dialogue on policy and strategy should be further strengthened between the Commission and the EIB, including the European External Action Service (EEAS), while keeping the European Parliament and the Council duly informed. EIB offices outside the Union should whenever possible be located within Union delegations in order to foster such cooperation while sharing operating costs. The Memorandum of Understanding between the European Commission and the European Investment Bank in respect of cooperation and coordination in the regions covered by the External Mandate, which was revised in 2013 enhancing cooperation and early mutual exchange of information between the Commission, the EEAS and the EIB at operational level, should continue to be applied. Cooperation in the framework of the Memorandum of Understanding should in particular include a regular review of the application of the differentiation principle in Neighbourhood countries. It is of particular importance to have an early and systematic exchange of views between the Commission and the EIB, including the EEAS, as appropriate, in the process of preparing relevant programming documents in order to maximise synergies between their activities. The cooperation in relation to the respect of human rights, fundamental freedoms and conflict prevention issues should also be reinforced. The EIB should be encouraged to cooperate with Union delegations during the EIB project cycle.
(24) Union external relations should be supported by several instruments in particular by Regulation (EU) No 236/2014 of the European Parliament and of the Council(4). With a view to enhancing the coherence of overall Union support in the regions concerned, opportunities should be seized to combine EIB financing with Union budgetary resources when and as appropriate, in the form of financial instruments provided for in Title VIII of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council(5)and technical assistance for project preparation and implementation, through the Instrument for Pre-Accession Assistance II established by Regulation (EU) No 231/2014 of the European Parliament and of the Council(6), the European Neighbourhood Instrument established by Regulation (EU) No 232/2014 of the European Parliament and of the Council(7), the Development Cooperation Instrument established by Regulation (EU) No 233/2014 of the European Parliament and of the Council(8), the Partnership Instrument for cooperation with third countries established by Regulation (EU) No 234/2014 of the European Parliament and of the Council(9), the Instrument for the promotion of Democracy and Human Rights worldwide established by Regulation (EU) No 235/2014 of the European Parliament and of the Council(10), the Instrument contributing to stability and peace established by Regulation (EU) No 230/2014 of the European Parliament and of the Council(11), and the Instrument for Nuclear Safety Cooperation established by Council Regulation (EU) No 237/2014(12). Following Decision No 1080/2011/EU, the Commission established an EU Platform for Blending in External Cooperation with a view to optimising the functioning of mechanisms for the blending of grants and loans outside the Union in particular in implementing the general budget of the Union and EIB loans respectively, and exchanging best practices on governance and on evaluation criteria at project level. The participation of the EIB and other financial institutions in blending mechanisms should be fully in line with the Union’s external objectives, aid effectiveness and transparency.
(25) In its financing operations outside the Union that fall within the scope of this Decision, the EIB should endeavour further to enhance coordination and cooperation with European and international financial institutions, in particular those participating in the EU Platform for Blending in External Cooperation. This cooperation includes, where appropriate, cooperation on sector conditionality and mutual reliance on procedures, use of co-financing and participation in global initiatives, such as those promoting aid coordination and effectiveness. Such coordination and cooperation should strive to minimise possible duplication of costs and unnecessary overlap. Cooperation should be based on the principle of reciprocity. Reciprocal access by the EIB to financial instruments set up by other European and international financial institutions should be promoted, as appropriate. The tripartite memorandum of understanding between the Commission, the EIB Group and the European Bank for Reconstruction and Development (EBRD) in respect of cooperation outside the Union, which allows the EIB Group and the EBRD to act in a complementary way by relying on their respective comparative advantages, was updated in 2012 to cover the extension of EBRD’s geographical scope to the Mediterranean region and should continue to be applied. The principles set out in this Decision should also be applied when EIB financing is implemented through cooperation agreements with other European and international financial institutions.
(26) The EIB should be encouraged to continue to finance operations outside the Union also at its own risk, including in support of Union economic interests, in countries and in favour of investment projects having a sufficient creditworthiness according to the assessment of the EIB and taking into account its own risk absorption capacity, so that the use of the EU guarantee can be focused on countries and investment projects where the EU guarantee provides added value on the basis of EIB own assessment, including in terms of sustainable economic, social and environmental development.
(27) The EIB should expand the range of innovative financial instruments it offers, including by focusing more on developing guarantee instruments. Moreover, the EIB should actively seek to participate in risk sharing instruments and debt capital market financing of projects with stable and predictable cash flow generation. In particular, it should consider supporting debt capital market instruments issued or granted for the benefit of an investment project carried out in the eligible countries. In addition, the EIB should increase its provision of loans in local currencies and issue bonds in local markets, provided that beneficiary countries put in place the necessary structural reforms, in particular in the financial sector, as well as other measures to facilitate EIB activities. In the diversification and expansion of capital market instruments, special care should be taken to ensure that such instruments do not lead to risky financial practices and indebtedness and therefore could threaten financial stability.
(28) The Commission should report annually to the European Parliament and the Council. The report should assess EIB financing operations and their compliance with this Decision, their added value and contribution to the Union external policies, their quality, their development impact drawing on the EIB’s REM and the financial benefits transferred to beneficiaries. The report should also include information on calls on the EU guarantee, on climate change and biodiversity financing under this Decision, on the follow-up of the functioning of the Memorandum of Understanding between the EIB and the European Ombudsman, and a description of the cooperation with the Commission and other European and international financial institutions, including co-financing. The report should be made public in order to allow relevant stakeholders, including civil society, to express their views.
(29) The EIB financing operations in support of Union external policies should continue to be conducted in accordance with the principles of sound banking practice. They should continue to be managed in accordance with the EIB’s own rules and procedures, which should reflect those principles, including appropriate control measures and compliance with the EIB’s statement on social and environmental standards, as well as with the relevant rules and procedures concerning the Court of Auditors and the European Anti-Fraud Office (OLAF). In its financing operations the EIB should adequately implement its policies towards weakly regulated or non-cooperative jurisdictions identified as such by the Union, the United Nations, the Organisation for Economic Cooperation and Development or the Financial Action Task Force in order to contribute to the international fight against tax fraud, tax evasion and money-laundering. In the interests of transparency, the EIB should draw up, to the extent possible, in cooperation with the local financial intermediaries, a list of the final borrowers.
(30) The EIB should take appropriate measures ensuring that, when financing operations subject to the EU guarantee, the financial interests of the Union are protected by the application of preventive measures against fraud, corruption, money laundering and any other illegal activities and that OLAF is entitled to conduct on-the-spot checks and inspections in the premises of the beneficiaries. The EIB should, in line with its Policy on preventing and deterring prohibited conduct in European Investment Bank activities (the ‘EIB anti-fraud policy’), which was adopted in 2008 and revised in 2013, cooperate closely with the competent Union and Member States’ authorities in order to strengthen the anti-money laundering and anti-terrorist financing measures in force and help improve their enforcement. In line with its Whistleblowing Policy, the EIB should also pay particular attention to information by whistleblowers regarding potential cases of fraud, corruption or other illegal activity, allowing for a proper follow-up, feedback and protection against retaliation.
(31) The EIB governing bodies should be encouraged to take the necessary measures to adapt the EIB activity to contribute to the Union’s external policies in an effective manner, and to adequately meet the requirements set out in this Decision,
HAVE ADOPTED THIS DECISION:

EU guarantee
Article 1
1. The Union shall grant the European Investment Bank (EIB) a budgetary guarantee for financing operations carried out outside the Union (‘EU guarantee’). The EU guarantee shall be granted as a global guarantee in respect of payments due to the EIB, but not received by it, in connection with loans, loan guarantees, and debt capital market instruments granted for or issued for the benefit of EIB investment projects that are eligible in accordance with paragraph 2.
2. Eligible for the EU guarantee shall be the EIB loans, loan guarantees, and debt capital market instruments that are granted for or issued for the benefit of investment projects carried out in eligible countries in accordance with the EIB’s own rules and procedures, including the EIB’s statement on environmental and social principles and standards, and in support of the relevant Union external policy objectives, where EIB financing has been granted in accordance with a signed agreement which has neither expired nor been cancelled (‘EIB financing operations’).
3. The EIB financing operations in support of Union external policies shall continue to be managed in accordance with the principles of sound banking practices.
4. The EU guarantee shall be restricted to 65 % of the aggregate amount disbursed and guaranteed under EIB financing operations, less amounts reimbursed, plus all related amounts.
5. The EU guarantee shall cover EIB financing operations signed during the period from 1 January 2014 to 31 December 2020.
6. If, on expiry of the period referred to in paragraph 5, the European Parliament and the Council have not adopted a decision granting a new EU guarantee to the EIB against losses under its financing operations outside the Union, that period shall be automatically extended once by six months.

Ceilings for EIB financing operations under EU guarantee
Article 2
1. The maximum ceiling of the EIB financing operations under EU guarantee throughout the period 2014-20 shall not exceed EUR 30 000 000 000. Amounts initially earmarked for financing operations but subsequently cancelled shall not count against the ceiling.
This maximum ceiling shall be broken down into:
(a)
a fixed ceiling of a maximum amount of EUR 27 000 000 000;
(b)
an optional additional amount of EUR 3 000 000 000.
The European Parliament and the Council shall decide in accordance with the ordinary legislative procedure on the activation in whole or in part of the amount referred to in point (b) and its regional distribution following the mid-term review as set out in Article 19.
2. The fixed ceiling referred to in point (a) of paragraph 1 shall be broken down into regional ceilings and sub-ceilings as laid down in Annex I. Within the regional ceilings, the EIB shall progressively ensure a balanced country distribution within the regions covered by the EU guarantee.

General objectives and principles
Article 3
1. The EU guarantee shall be granted only for EIB financing operations which have added value on the basis of the EIB’s own assessment, and support any of the following general objectives:
(a)
local private sector development, in particular support to SMEs;
(b)
development of social and economic infrastructure, including transport, energy, environmental infrastructure, and information and communication technology;
(c)
climate change mitigation and adaptation.
2. Whilst preserving the EIB’s distinct character as an investment bank, EIB financing operations carried out under this Decision shall contribute to the general EU interest, in particular the principles guiding Union external action, as referred to in Article 21 TEU and shall contribute to the implementation of international environmental agreements to which the Union is a party. The EIB governing bodies are encouraged to take the necessary measures to adapt the EIB activity to contribute to the Union external policies in an effective manner, and to adequately meet the requirements set out in this Decision.
3. Regional integration among countries, including in particular economic integration between Pre-accession countries, Neighbourhood countries and the Union, shall be an underlying objective for EIB financing operations within areas covered by the general objectives set out in paragraph 1. The EIB shall undertake financing operations in beneficiary countries within areas covered by the general objectives by supporting foreign direct investments that promote economic integration with the Union.
4. In developing countries, as defined in the Organisation for Economic Cooperation and Development list of official development assistance recipients, the EIB financing operations shall contribute, in accordance with Articles 208 and 209 TFEU, indirectly to the objectives of the Union development cooperation policy, such as reducing poverty through inclusive growth and sustainable economy, environmental and social development.
5. To ensure that private sector investments have the greatest development impact, the EIB shall endeavour to strengthen the local private sector in beneficiary countries through support to local investment as provided for in point (a) of paragraph 1. EIB financing operations supporting the general objectives set out in paragraph 1 shall endeavour to also include support to investment projects by SMEs from the Union. In order to effectively monitor the use of funds for the benefit of the SMEs concerned, the EIB shall establish adequate contractual requirements with financial intermediaries, including standards for reporting to be provided by the beneficiaries.
The EIB shall cooperate with financial intermediaries that can support the specific needs of SMEs in the countries of operation and that do not participate in EIB financing operations implemented in an eligible country through vehicles located in a foreign non-cooperative jurisdiction referred to in Article 13.
6. EIB financing operations supporting the general objective set out in point (b) of paragraph 1 shall support investment projects predominantly in the areas of transport, energy, environmental infrastructure, information and communication technology, health and education. This includes production and integration of energy from renewable sources, energy systems transformation enabling a switch to lower carbon intensive technologies and fuels, sustainable energy security and energy infrastructure, including for gas production and transportation to Union energy market, as well as electrification of rural areas, environmental infrastructure such as water and sanitation and green infrastructure, telecommunications and broadband network infrastructure.
7. EIB financing operations supporting the general objectives set out in point (c) of paragraph 1 shall support investment projects in climate change mitigation and adaptation which contribute to the overall objective of the United Nations Framework Convention on Climate Change, in particular by avoiding or reducing greenhouse gas emissions in the areas of renewable energy, energy efficiency and sustainable transport, or by increasing resilience to the adverse impacts of climate change on vulnerable countries, sectors and communities. The eligibility criteria for climate action projects are defined in the EIB climate change strategy which shall be updated before the end of 2015. To this end, an analysis of the carbon footprint ought to be included in the environmental assessment procedure to determine whether project proposals optimise energy-efficiency improvements. Over the period covered by this Decision, the volume of those operations shall represent at least 25 % of total EIB financing operations.
8. In line with Union and international climate change objectives, before the end of 2015 the EIB, in cooperation with the Commission, shall update its climate change strategy as regards EIB financing operations. This update shall, inter alia, integrate concrete actions to ensure that investment projects under this Decision are in line with Union’s climate change objectives and to step up efforts to support renewable energy sources and energy efficiency.
9. The EU guarantee shall cover only EIB financing operations carried out in eligible countries that have concluded a framework agreement with the EIB establishing the legal conditions under which such operations are to be carried out.

Countries covered
Article 4
1. The list of countries potentially eligible for EIB financing under EU guarantee is set out in Annex II. The list of countries eligible for EIB financing under EU guarantee is set out in Annex III and shall include no countries other than those listed in Annex II. For countries not listed in Annex II, eligibility for EIB financing under the EU guarantee shall be decided on a case-by-case basis in accordance with the ordinary legislative procedure.
2. The Commission shall be empowered to adopt delegated acts in accordance with Article 18 concerning amendments to Annex III. The Commission’s decisions shall be based on an overall assessment, including economic, social, environmental and political aspects, in particular those related to the democracy, human rights and fundamental freedoms as well as the relevant European Parliament resolutions and Council decisions and conclusions.
3. Delegated acts amending Annex III shall not affect the EU guarantee coverage of EIB financing operations signed before the entry into force of those delegated acts, subject to paragraph 4.
4. Disbursements on EIB financing operations benefiting from a Comprehensive Guarantee as referred to in Article 8(1) shall not be made in countries not listed in Annex III.
5. The EU guarantee shall not cover EIB financing operations in a specific country with which the agreement concerning such operations has been signed after that country’s accession to the Union.

Contribution of EIB financing operations to Union policies
Article 5
1. The Commission shall update, together with the EIB, the existing regional technical operational guidelines for EIB financing operations within one year following the entry into force of this Decision.
The regional technical operational guidelines shall be consistent with the wider Union regional policy framework set out in Annex IV. In particular, the regional technical operational guidelines shall ensure that EIB financing under this Decision is complementary to corresponding Union assistance policies, programmes and instruments in the different regions.
In updating the regional technical operational guidelines, the Commission and the EIB shall take into account relevant European Parliament resolutions and Council decisions and conclusions. The regional technical operational guidelines shall be consistent with the priorities contained in the national or regional programmes, where available, drawn up by the beneficiary countries, taking due account of any consultation with local civil society in the process of drawing up those programmes.
The Commission shall transmit to the European Parliament and to the Council the updated regional technical operational guidelines, as soon as they are established.
Within the framework set out by the regional technical operational guidelines, the EIB shall define corresponding financing strategies and ensure their implementation.
EIB financing operations shall be consistent with the regional technical operational guidelines and the strategies of the beneficiary country.
The regional technical operational guidelines shall be reviewed following the mid-term review referred to in Article 19.
2. Within the framework of the procedure provided for in Article 19 of Protocol No 5, the Commission delivers an opinion on EIB financing operations. In the case of EIB financing operations falling under this Decision, where the Commission delivers an unfavourable opinion, that operation shall not be covered by the EU guarantee.

Cooperation with the Commission and the EEAS
Article 6
1. The consistency of EIB external actions with Union external policy objectives shall be further strengthened, with a view to maximising synergies between EIB financing operations and Union budgetary resources, in particular through the updating of the regional technical operational guidelines referred to in Article 5, for which the EEAS shall be consulted on policy issues, as appropriate, as well as through regular and systematic dialogue and early exchange of information on:
(a)
strategic documents prepared by the Commission or the EEAS as appropriate, such as country and regional strategy papers, indicative programmes, action plans and pre-accession documents;
(b)
the EIB’s strategic planning documents, investment project pipelines and EIB annual reporting to the Commission;
(c)
other policy and operational aspects.
2. The cooperation shall be carried out on a region-by-region basis, including at Union delegation level, taking into consideration the EIB’s role as well as the policies of the Union in each region.

Cooperation with other European and international financial institutions
Article 7
1. EIB financing operations shall be carried out, where appropriate, in cooperation with other European multilateral and Member States’ financial institutions (‘European financial institutions’) and international financial institutions, including regional development banks (‘international financial institutions’) in order to maximise synergies, cooperation and efficiency, to develop jointly innovative financial instruments, to ensure prudent and reasonable sharing of risks and coherent investment project and sector conditionality, and in order to minimise possible duplication of costs and unnecessary overlap.
2. The cooperation referred to in paragraph 1 shall be facilitated by coordination between the Commission, the EIB and the relevant European and international financial institutions operating in the different regions, carried out where appropriate in the context of memoranda of understanding or other Union regional cooperation frameworks.

Coverage and terms of the EU guarantee
Article 8
1. For EIB financing operations, except those consisting of debt capital market instruments, entered into with a State, or guaranteed by a State, and for other EIB financing operations entered into with regional or local authorities, or public enterprises or institutions owned or controlled by a State, where such other EIB financing operations have an appropriate EIB credit risk assessment taking into account the credit risk situation of the country concerned, the EU guarantee shall cover all payments due to the EIB, but not received by it (‘Comprehensive Guarantee’).
2. For the purposes of paragraph 1, Palestine is represented by the Palestinian Authority and Kosovo(13)is represented by the Authorities of Kosovo.
3. For EIB financing operations other than those referred to in paragraph 1, the EU guarantee shall cover all payments due to the EIB but not received by it, where the non-receipt has been caused by the realisation of one of the following political risks (‘Political Risk Guarantee’):
(a)
non-transfer of currency;
(b)
expropriation;
(c)
war or civil disturbance;
(d)
denial of justice upon breach of contract.
4. For EIB financing operations consisting of debt capital market instruments, only the Political Risk Guarantee shall apply.
5. Financing agreements with individual promoters relating to EIB financing operations shall also include appropriate environmental and social provisions in accordance with the EIB’s own rules and procedures.
6. The Commission and the EIB shall set out in the guarantee agreement referred to in Article 14 a clear and transparent allocation policy allowing the EIB to identify, within its external activity, the operations to be financed under this Decision in order to ensure the most effective use of the EU guarantee. The allocation policy shall be based on the creditworthiness of EIB financing operations as assessed by the EIB, the ceilings as defined in Annex I, the nature of the counterparty, whether a sovereign State or a sub-sovereign entity falling under paragraph 1 of this Article or a private entity, EIB risk absorption capacity and other relevant criteria, including added value of the EU guarantee. The European Parliament and the Council shall be informed on the allocation policy in accordance with Article 14.
7. When the EU guarantee is called, the Union shall be subrogated to any relevant rights of the EIB in respect of any obligation in connection to its financing operations, in accordance with the guarantee agreement referred to in Article 14.

EIB assessment and monitoring of investment projects
Article 9
1. The EIB shall carry out thorough due diligence and, where appropriate, shall require project promoters to carry out local public consultation, in line with Union social and environmental principles, with the relevant national and local stakeholders, as well as with civil society, at project planning stage and implementation stage on social, human rights, environmental, economic and development-related aspects of investment projects covered by the EU guarantee, and to provide information relevant for the assessment of the contribution to the fulfilment of Union external policy and strategic objectives.
Where appropriate, this appraisal shall include an assessment of how the capacities of the beneficiaries of EIB financing can be reinforced throughout the project cycle with technical assistance. The EIB’s own rules and procedures shall include the necessary provisions on assessment of environmental and social impact of investment projects and of aspects related to human rights and conflict prevention, to ensure that investment projects supported under this Decision are environmentally and socially sustainable.
2. In addition to theex-anteassessment of development-related aspects, the EIB shall monitor the implementation of financing operations. In particular, it shall require the project promoters to carry out thorough monitoring during project implementation until completion, inter alia, on the economic, development, social, environmental and human rights impact of the investment project. The EIB shall verify on a regular basis the information provided by the project promoters and make it publicly available if the project promoter agrees. Where possible, project completion reports related to EIB financing operations shall be published excluding confidential information.
3. The EIB monitoring shall also endeavour to cover the implementation of intermediated operations and the performance of financial intermediaries in support of SMEs.
4. The EIB shall establish a comprehensive system toex-anteassess relative and absolute greenhouse gas emissions related to EIB financing operations where those emissions meet significant thresholds, as defined in a relevant methodology included in the EIB climate change strategy, and where data is available.
5. The results of monitoring shall, where possible, be disclosed, subject to confidentiality requirements and the agreement of relevant parties.

External assigned revenue for the Guarantee Fund
Article 10
Repayments and revenues for an amount of EUR 110 000 000, originating from operations concluded before 2007, including capital repayments, guarantees released, and repayments of the principal of loans, dividends, capital gains, guarantee fees and interest on loans and on amounts on fiduciary accounts, paid back to the fiduciary account established for the Facility for Euro-Mediterranean Investment and Partnership and attributable to the support from the general budget of the Union, shall constitute external assigned revenue in accordance with Article 21(4) of Regulation (EU, Euratom) No 966/2012 and shall be used for the Guarantee Fund.
Amounts exceeding EUR 110 000 000 which have been paid back to the fiduciary account established for the Facility for Euro-Mediterranean Investment and Partnership shall be entered in the general budget of the Union after deduction of management costs and fees.

Annual reporting and accounting
Article 11
1. The Commission shall report annually to the European Parliament and to the Council on EIB financing operations carried out under this Decision. The report shall be made public and include:
(a)
an assessment of EIB financing operations at project, sector, country and regional levels and their compliance with this Decision;
(b)
an assessment of the added value, the estimated outputs, outcomes and development impact of EIB financing operations at an aggregated basis, drawing on the EIB’s Results Measurement framework annual report. To that effect, the EIB shall use performance indicators in relation to development, environmental and social aspects, including human right aspects, of projects funded, taking into account the relevant indicators under the Paris Declaration of 2005 for Aid Effectiveness. Indicators for environmental aspects of projects shall include criteria for clean technology which are oriented in principle at energy efficiency and technologies for reducing emissions;
(c)
an assessment of the contribution of EIB financing operations to the fulfilment of Union external policy and strategic objectives, taking into account the regional technical operational guidelines referred to in Article 5;
(d)
an assessment of the financial benefit transferred to beneficiaries of EIB financing operations on an aggregated basis;
(e)
an assessment of the quality of EIB financing operations, in particular, the extent to which the EIB has taken into account environmental and social sustainability in the due diligence and monitoring of the investment projects financed;
(f)
detailed information on calls on the EU guarantee;
(g)
information on the climate change and biodiversity financing volumes under this Decision, the impact on absolute and relative greenhouse gas emissions referred to in Article 9(4) on an aggregated basis as well as the number of projects assessed against the climate risk;
(h)
a description of the cooperation with the Commission and other European and international financial institutions, including co-financing. The report shall in particular include a breakdown of Union financial resources and resources of other European and international financial institutions used in combination with EIB financing, thus giving an overview of the overall investment supported by EIB financing operations carried out under this Decision. The report shall also mention the conclusion of new memoranda of understanding between the EIB and other European or international financial institutions having a bearing on EIB financing operations under this Decision;
(i)
information on the follow up of the functioning of the Memorandum of Understanding between the EIB and the European Ombudsman in so far as that Memorandum concerns EIB financing operations covered by this Decision.
2. For the purposes of the Commission’s reporting referred to in paragraph 1, the EIB shall provide the Commission with yearly reports on EIB financing operations carried out under this Decision including all necessary elements allowing the Commission to report in accordance with paragraph 1. The EIB may also provide to the Commission additional information relevant for the European Parliament and the Council to have a comprehensive overview of EIB external activity.
3. The EIB shall provide the Commission with statistical, financial and accounting data on each EIB financing operation, as well as any additional information necessary to fulfil the Commission’s reporting duties or requests by the Court of Auditors and an auditor’s certificate on the outstanding amounts of the EIB financing operations. EIB shall also provide the Commission any other necessary documents in line with Regulation (EU, Euratom) No 966/2012.
4. For the purposes of the Commission’s accounting and reporting of the risks covered by the EU guarantee, the EIB shall provide the Commission with the EIB’s risk assessment and grading information concerning EIB financing operations.
5. The EIB shall provide the Commission, at least on a yearly basis, an indicative multiannual programme of the planned volume of signatures of EIB financing operations, so as to ensure compatibility of the EIB’s forecast financing with the ceilings established in this Decision and for the Commission to ensure appropriate budgetary planning for provisioning the Guarantee Fund. The Commission shall take account of this forecast when preparing the draft general budget of the Union.
6. The EIB shall on a regular basis provide the European Parliament, the Council and the Commission with all its independent evaluation reports which assess the practical results achieved by the specific activities of the EIB under this Decision and other external mandates.
7. The EIB shall provide the information referred to in paragraphs 2 to 6 at its own expense. The EIB shall also make publicly available the information referred to in paragraphs 2, 3 and 6, in general terms and excluding any confidential information.

Transparency and public disclosure of information
Article 12
1. In accordance with its own transparency policy and Union principles on access to documents and information, and progressively with International Aid Transparency Initiative standards, the EIB shall make publicly available on its website information relating to:
(a)
all EIB financing operations carried out under this Decision, after the project approval stage, in particular indicating whether an investment project is covered by the EU guarantee and how it contributes to the goals of the Union external action, noting in particular its economic, social and environmental impact;
(b)
unless confidentiality requirements apply, any memoranda of understanding between the EIB and other European or international financial institutions having a bearing on EIB financing operations under this Decision;
(c)
where possible and appropriate, existing framework agreements between the EIB and a recipient country. When signing new agreements or amending existing ones, the EIB shall endeavour to make possible their disclosure;
(d)
the EIB’s allocation policy.
2. The Commission shall make publicly available on its website specific information relating to all cases of recoveries under the guarantee agreement referred to in Article 14, and the agreement laying down the detailed provisions and procedures relating to recovery of claims referred to in Article 15(2), unless confidentiality requirements apply.

Non-cooperative jurisdictions
Article 13
In its financing operations, the EIB shall not tolerate any activities carried out for illegal purposes, including money laundering, financing of terrorism, tax fraud and tax evasion, corruption, and fraud affecting the financial interests of the Union. In particular the EIB shall not participate in any financing operation implemented in an eligible country through a foreign vehicle located in a non-cooperative jurisdiction identified as such by the Union, the United Nations, the Organisation for Economic Cooperation and Development or the Financial Action Task Force.
In its financing operations, the EIB shall apply the principles and standards set out in Union law on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing, including a requirement to take reasonable measures to identify the beneficial owners where applicable.

Guarantee agreement
Article 14
The Commission and the EIB shall sign a guarantee agreement laying down the detailed provisions and procedures relating to the EU guarantee as set out in Article 8, and shall inform the European Parliament and the Council accordingly.

Recovery of payments made by the Commission
Article 15
1. Where the Commission makes any payment under the EU guarantee, the EIB shall, in the name and on behalf of the Commission, pursue the recovery of claims for the amounts paid.
2. No later than the date of signature of the guarantee agreement referred to in Article 14, the Commission and the EIB shall sign a separate agreement laying down the detailed provisions and procedures relating to recovery of claims.

Auditing by the Court of Auditors
Article 16
The EU guarantee and the payments and recoveries under it attributable to the general budget of the Union shall be audited by the Court of Auditors.

Anti-fraud measures
Article 17
1. The EIB shall notify OLAF promptly and provide it with the necessary information when, at any stage of the preparation, implementation or closure of projects subject to the EU guarantee, it has grounds to suspect that there is a potential case of fraud, corruption, money laundering or other illegal activity that may affect the financial interests of the Union.
2. OLAF may carry out investigations, including on-the-spot checks and inspections, in accordance with the provisions and procedures laid down in Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council(14), Council Regulation (Euratom, EC) No 2185/96(15)and Council Regulation (EC, Euratom) No 2988/95(16)in order to protect the financial interests of the Union, with a view to establishing whether there has been fraud, corruption, money laundering or any other illegal activity affecting the financial Interests of the Union in connection with any financing operations. OLAF may transmit to the competent authorities of the Member States concerned information obtained in the course of investigations.
Where such illegal activities are proven, the EIB shall assist recovery efforts with respect to its financing operations and within its scope of responsibilities.
3. Financing agreements signed in relation to projects supported under this Decision shall include clauses allowing suspension of EIB financing operations and, if necessary, appropriate recovery measures in cases of fraud, corruption or other illegal activity. The decision whether to suspend or cancel the EIB financing shall be taken by the EIB after due consideration of all circumstances and risks.
4. The EIB shall continue to rely on its single point of contact for anti-corruption and anti-fraud for EIB staff and all stakeholders.
5. In its financing operations, the EIB shall implement its exclusion mechanism for debarment of counterparties involved in fraud and corruption which includes the exclusion criteria of the Union’s Central Exclusion Database ensuring that rights of all parties are respected.

Exercise of the delegation
Article 18
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
2. The delegation of power referred to in Article 4 shall be conferred on the Commission for an indeterminate period of time from 11 May 2014.
3. The delegation of power referred to in Article 4 may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in theOfficial Journal of the European Unionor at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
5. A delegated act adopted pursuant to Article 4 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

Mid-term review
Article 19
By 31 December 2016, the Commission, in cooperation with the EIB, shall submit to the European Parliament and the Council a mid-term report evaluating the application of this Decision in the first years accompanied, where appropriate, by a proposal for its amendment. The mid-term report shall draw upon an independent external evaluation and contribution from the EIB.
The report shall include in particular:
(a)
an assessment of the application of the allocation policy;
(b)
an assessment of EIB reporting and where appropriate recommendations on how to improve it;
(c)
an assessment of the REM, including performance indicators and criteria, and their contribution to the achievement of the objectives of this Decision;
(d)
a detailed account of the criteria considered for the recommendation concerning the potential activation in whole or in part of the optional additional amount.

Final reporting
Article 20
By 31 December 2021, the Commission shall present to the European Parliament and to the Council a final report on the application of this Decision.

Entry into force
Article 21
This Decision shall enter into force on the third day following that of its publication in theOfficial Journal of the European Union.

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 209 and 212 thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Acting in accordance with the ordinary legislative procedure(1),
Whereas
(1) In addition to its core mission of financing investment in the European Union, which remains its main task and objective, the European Investment Bank (EIB) undertakes financing operations outside the Union in support of the Union’s external policies. This allows the budget funds of the Union available to the external regions to be complemented by the financial strength of the EIB for the benefit of the targeted third countries. In undertaking such financing operations, the EIB indirectly contributes to the general principles and policy objectives of the Union, which include reducing poverty through inclusive growth and sustainable economy, environmental and social development and the prosperity of the Union in changing global economic circumstances.
(2) Article 209(3) of the Treaty on the Functioning of the European Union (TFEU), in conjunction with Article 208 thereof, provides that the EIB is to contribute, under the terms laid down in its Statute, to the implementation of the measures necessary to further the objectives of Union development cooperation policy.
(3) With a view to supporting Union external action, and in order to enable the EIB to finance investments outside the Union without affecting the credit standing of the EIB, the majority of its operations outside the Union have benefited from an EU budgetary guarantee (‘EU guarantee’) administered by the Commission. This further supports EIB’s creditworthiness towards the financial markets, which is of primary importance.
(4) The latest EU guarantee for EIB financing operations signed during the period from 1 February 2007 to 31 December 2013 was established by Decision No 1080/2011/EU of the European Parliament and of the Council(2). An EU guarantee for EIB financing operations outside the Union in support of Union policies should be established for the 2014-20 multiannual financial framework.
(5) The Guarantee Fund for external actions (‘Guarantee Fund’), established by Council Regulation (EC, Euratom) No 480/2009(3), provides a liquidity cushion for the Union budget against losses incurred on EIB financing operations and on macro-financial assistance and Euratom loans outside the Union.
(6) A list of countries potentially eligible for EIB financing under the EU guarantee should be established. It is also appropriate to establish a list of countries actually eligible for EIB financing under the EU guarantee.
(7) Bhutan should be added to the list of countries actually eligible for EIB financing and Myanmar/Burma should be added to both lists following the recent developments which allowed the Union to open a new chapter in its relations with Bhutan and Myanmar/Burma in order to support the ongoing political and economic reforms in both countries.
(8) In order to reflect significant policy developments, the list of countries actually eligible for EIB financing operations under the EU guarantee should be reviewed as appropriate and the power to adopt acts in accordance with Article 290 TFEU should be delegated to the Commission in respect of amendments to Annex III to this Decision. The Commission’s amendments to Annex III should be based on an overall assessment including economic, social, environmental and political aspects, in particular those related to the democracy, human rights and fundamental freedoms. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of all relevant documents to the European Parliament and to the Council.
(9) In order to cater for the potential evolution of the actual provisioning needs of the Guarantee Fund in accordance with Regulation (EC, Euratom) No 480/2009, the maximum ceiling of the EU guarantee should be broken down into a fixed ceiling of a maximum amount of EUR 27 000 000 000 and an optional additional amount of EUR 3 000 000 000. The provisioning of the Guarantee Fund in the general budget of the Union (budget line 01 03 06) is madeex-poston the basis of the outturn figures for outstanding guaranteed external lending at the end of year n-2. In view of the proposal for a Regulation of the European Parliament and of the Council amending Regulation (EC) No 1638/2006 laying down general provisions establishing a European Neighbourhood and Partnership Instrument, ‘reflows’ deriving from Mediterranean risk capital and loan investments under operations concluded before 2007 using Union budget funds have been accumulated in a fiduciary account established for the Facility for Euro-Mediterranean Investment and Partnership (FEMIP). Part of these reflows should be used for the Guarantee Fund as an exceptional measure to ensure that the ceilings of EIB financing operations under this Decision are sustained at an appropriate level for the 2014-20 period. The remaining funds should be returned to the general budget of the Union.
(10) Issues to be considered for the activation, in whole or in part, of the optional additional amount should include: progress in the implementation of this Decision by the EIB, in particular the results of EIB operations based on information from, amongst others, the Results Measurement framework (REM), including the development impact; the provisioning needs of the Guarantee Fund taking into account past and future outstanding amounts on all activities covered by the Guarantee Fund; the macroeconomic, financial and political situation of the eligible regions and countries at the time of the mid-term review.
(11) The amounts covered by the EU guarantee in each region should continue to represent ceilings for the EIB financing under the EU guarantee and not targets that the EIB is required to meet. The ceilings should be evaluated as part of the mid-term review of this Decision, in particular in light of possible changes to the list of regions and countries actually eligible for EIB financing.
(12) EIB financing operations should be consistent with the beneficiary country’s own strategies. Against this background, in order to enhance the coherence and the focus of the EIB external financing activity on supporting Union policies, and for the maximum benefit of beneficiaries, Decision No 1080/2011/EU sets out general objectives for EIB financing operations across all eligible regions and countries, i.e. local private sector development, in particular in support of small and medium-sized enterprises (SMEs), social and economic infrastructure and climate change mitigation and adaptation, building on the comparative strengths of the EIB in areas where it has a well-proven track record. These objectives should be maintained in this Decision to further promote sustainable growth and job creation.
(13) Improving access to financing for SMEs, including SMEs from the Union investing in the regions covered by this Decision, can play an essential role in stimulating economic development and in combating unemployment. In order to effectively reach out to SMEs, the EIB financing operations should be result-oriented. The EIB should, where possible, invest in research and innovation by SMEs as a means of supporting local development. The EIB should cooperate with local financial intermediary institutions in the eligible countries, which should be integrated into the local economy, in particular to ensure that part of the financial benefits is passed on to their clients and that added value is provided compared to other sources of finance. The EIB should also, as far as possible, increase the diversification of its financial partners in the countries in which it operates. During its due diligence, the EIB should assess if financing operations supporting SMEs via a financial intermediary are in line with the regional technical operational guidelines, the REM and the EIB standards. The EIB should establish a reporting mechanism to make sure that the funds dedicated to SMEs are used for their benefit. A consolidated report on SMEs financing under this Decision should be provided by the EIB as part of its contribution to the mid-term review.
(14) The coverage of the EU guarantee, which is limited to risks of a sovereign and political nature, is not sufficient in itself to ensure a meaningful EIB activity in support of micro-finance. Therefore such activity, where appropriate, should be carried out in connection with budgetary resources available under other instruments and via intermediary institutions including at local level as a means to promote growth and contribute indirectly to reducing poverty in poorer countries.
(15) The EIB should continue to finance investment projects in the areas of social, environmental, and economic infrastructure, including transport and energy, and should consider increasing its activity in support of health and education infrastructure when there is clear added value in doing so.
(16) To reinforce the climate change dimension of the EU guarantee, an overall volume of operations target and a system allowing toex-anteassess greenhouse gas emissions of projects supported under the EU guarantee should be introduced. EIB financing operations in support of climate change mitigation and adaptation should represent at least 25 % of total EIB financing operations in order to further the promotion of the Union’s climate goals on a global scale. The EIB should provide its technical expertise in cooperation with the Commission to support public and private counterparties benefitting from EIB financing operations in order to address the challenge of climate change and to make the best possible use of available financing. Concessional funding should be available for mitigation and adaptation projects. EIB financing operations should, where possible and appropriate, be complemented by funds from the general budget of the Union through the efficient and appropriate blending of grants and loans for climate change financing in the context of Union external assistance. In this regard, the Commission’s annual report to the European Parliament and the Council should contain a detailed report on the financial instruments used for financing these projects, identifying the amounts of EIB financing operations and the corresponding amounts of grants.
(17) Within the areas covered by the general objectives, regional integration among countries, in particular economic integration between Pre-accession countries, Neighbourhood countries and the Union, should be an underlying objective for EIB financing operations. In that context, the EIB should be able to support partner countries within areas covered by the general objectives through foreign direct investments by companies from the Union that promote economic integration with the Union and that contribute to promoting technology and knowledge transfer, provided that appropriate consideration has been given during the investment projects’ due diligence to minimise the risks that EIB financing operations lead to negative repercussions on employment in the Union. The EIB should also be encouraged to support foreign direct investment in partner countries by companies from the Union at its own risk, taking into account the EIB’s risk-bearing capacity.
(18) The EIB should regularly conductex postor mid-term evaluations of supported activities under this Decision with a view to assessing their relevance, performance and development effects and to identify aspects that could improve future activities. Such evaluations should contribute to accountability and analysis of sustainability.
(19) The practical measures for linking the general objectives of the EU guarantee and their implementation are to be set out in regional technical operational guidelines. Such guidelines should be consistent with the wider Union regional policy framework, including the differentiation principle in the European Neighbourhood Policy. The regional technical operational guidelines should be reviewed following the adoption of this Decision and further updated following the mid-term review in order to adapt to the developments in the Union external policies and priorities. The update of the regional operational technical guidelines should, among other considerations, take into account relevant developments in the eligible countries.
(20) In accordance with Protocol No 5 on the Statute of the European Investment Bank annexed to the Treaty on European Union (TEU) and the TFEU, applications made directly to the EIB for EIB financing operations to be carried out under this Decision are to be submitted to the Commission for an opinion on the conformity with relevant Union legislation and policies. In the case of EIB financing operations falling under this Decision, where the Commission delivers a negative opinion on any such operation, that operation should not be covered by the EU guarantee.
(21) While the EIB’s strength remains its distinctive model as a publicly owned investment bank whose remit is that of providing long-term lending so as to meet the policy goals set by its shareholders, EIB financing operations should contribute to the general principles guiding Union external action, as referred to in Article 21 TEU, of consolidating and supporting democracy and the rule of law, human rights and fundamental freedoms, and to the implementation of international commitments and agreements, including environmental agreements to which the Union is a party. In particular, the EIB should contribute to economic, financial and technical cooperation with third countries in accordance with Article 212 TFEU. Furthermore, EIB actions should be in line with international law, including respect for the principles of the Charter of the United Nations. EIB actions should also be in line with the United Nations Economic Commission for Europe Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters (Aarhus Convention) at relevant stages of the project cycle. In relation to developing countries, EIB financing operations should foster their sustainable economic, social and environmental development, particularly in the most disadvantaged amongst them, their smooth and gradual integration into the world economy, as well as compliance with objectives approved by the Union in the context of the United Nations and other relevant international organisations. While contributing to the implementation of the measures necessary to further the objectives of Union development cooperation policy in accordance with Article 209(3) TFEU, the EIB should strive to support indirectly the achievement of the United Nations’ 2015 Millennium Development Goals, and after 2015 the achievement of any new development targets which might modify or replace the Millennium Development Goals, in all regions where it is active.
(22) The EIB activity under this Decision should support the implementation of the European Consensus on Development, of the Agenda for Change and of the principles of aid effectiveness outlined in the Paris Declaration of 2005, the Accra Agenda for Action of 2008 and the Busan Partnership Agreement of 2011. Furthermore, it should be coherent with the EU Strategic Framework and Action Plan on Human Rights and Democracy adopted by the Council on 25 June 2012 and international environmental agreements including biodiversity commitments. It should be implemented through a number of concrete measures, in particular by reinforcing the EIB’s capacity to appraise environmental, social, development aspects of investment projects, including human rights, fundamental freedoms and conflict-related risks, and by promoting local consultation with public authorities and civil society. In this context, the EIB should implement and further develop its REM which provides a detailed set of performance indicators measuring the economic, environmental, social, and development impact of its financing operations throughout the EIB project cycle. The implementation of the REM should be evaluated as part of the mid-term review of this Decision. When carrying out due diligence in respect of an investment project, the EIB should, where appropriate and in line with the Union’s social and environmental principles and international best practices, as well as Union law and the national law of the beneficiary country, require the investment project promoter to carry out local consultations and disclose their results to the public in order to take account of the impact of projects on the relevant stakeholders. The EIB should remain in communication with the project promoters and beneficiaries of the projects throughout the project programming process. Finance contracts signed during the period covered by this Decision for EIB financing operations involving public counterparties should explicitly include the possibility to suspend disbursements in case of revocation of eligibility under this Decision of the country in which the investment project takes place.
(23) At all levels, from upstream strategic planning to downstream investment project development, it should be ensured that EIB financing operations comply with and support Union external policies and the general objectives set out in this Decision. With a view to increasing the coherence of Union external action, dialogue on policy and strategy should be further strengthened between the Commission and the EIB, including the European External Action Service (EEAS), while keeping the European Parliament and the Council duly informed. EIB offices outside the Union should whenever possible be located within Union delegations in order to foster such cooperation while sharing operating costs. The Memorandum of Understanding between the European Commission and the European Investment Bank in respect of cooperation and coordination in the regions covered by the External Mandate, which was revised in 2013 enhancing cooperation and early mutual exchange of information between the Commission, the EEAS and the EIB at operational level, should continue to be applied. Cooperation in the framework of the Memorandum of Understanding should in particular include a regular review of the application of the differentiation principle in Neighbourhood countries. It is of particular importance to have an early and systematic exchange of views between the Commission and the EIB, including the EEAS, as appropriate, in the process of preparing relevant programming documents in order to maximise synergies between their activities. The cooperation in relation to the respect of human rights, fundamental freedoms and conflict prevention issues should also be reinforced. The EIB should be encouraged to cooperate with Union delegations during the EIB project cycle.
(24) Union external relations should be supported by several instruments in particular by Regulation (EU) No 236/2014 of the European Parliament and of the Council(4). With a view to enhancing the coherence of overall Union support in the regions concerned, opportunities should be seized to combine EIB financing with Union budgetary resources when and as appropriate, in the form of financial instruments provided for in Title VIII of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council(5)and technical assistance for project preparation and implementation, through the Instrument for Pre-Accession Assistance II established by Regulation (EU) No 231/2014 of the European Parliament and of the Council(6), the European Neighbourhood Instrument established by Regulation (EU) No 232/2014 of the European Parliament and of the Council(7), the Development Cooperation Instrument established by Regulation (EU) No 233/2014 of the European Parliament and of the Council(8), the Partnership Instrument for cooperation with third countries established by Regulation (EU) No 234/2014 of the European Parliament and of the Council(9), the Instrument for the promotion of Democracy and Human Rights worldwide established by Regulation (EU) No 235/2014 of the European Parliament and of the Council(10), the Instrument contributing to stability and peace established by Regulation (EU) No 230/2014 of the European Parliament and of the Council(11), and the Instrument for Nuclear Safety Cooperation established by Council Regulation (EU) No 237/2014(12). Following Decision No 1080/2011/EU, the Commission established an EU Platform for Blending in External Cooperation with a view to optimising the functioning of mechanisms for the blending of grants and loans outside the Union in particular in implementing the general budget of the Union and EIB loans respectively, and exchanging best practices on governance and on evaluation criteria at project level. The participation of the EIB and other financial institutions in blending mechanisms should be fully in line with the Union’s external objectives, aid effectiveness and transparency.
(25) In its financing operations outside the Union that fall within the scope of this Decision, the EIB should endeavour further to enhance coordination and cooperation with European and international financial institutions, in particular those participating in the EU Platform for Blending in External Cooperation. This cooperation includes, where appropriate, cooperation on sector conditionality and mutual reliance on procedures, use of co-financing and participation in global initiatives, such as those promoting aid coordination and effectiveness. Such coordination and cooperation should strive to minimise possible duplication of costs and unnecessary overlap. Cooperation should be based on the principle of reciprocity. Reciprocal access by the EIB to financial instruments set up by other European and international financial institutions should be promoted, as appropriate. The tripartite memorandum of understanding between the Commission, the EIB Group and the European Bank for Reconstruction and Development (EBRD) in respect of cooperation outside the Union, which allows the EIB Group and the EBRD to act in a complementary way by relying on their respective comparative advantages, was updated in 2012 to cover the extension of EBRD’s geographical scope to the Mediterranean region and should continue to be applied. The principles set out in this Decision should also be applied when EIB financing is implemented through cooperation agreements with other European and international financial institutions.
(26) The EIB should be encouraged to continue to finance operations outside the Union also at its own risk, including in support of Union economic interests, in countries and in favour of investment projects having a sufficient creditworthiness according to the assessment of the EIB and taking into account its own risk absorption capacity, so that the use of the EU guarantee can be focused on countries and investment projects where the EU guarantee provides added value on the basis of EIB own assessment, including in terms of sustainable economic, social and environmental development.
(27) The EIB should expand the range of innovative financial instruments it offers, including by focusing more on developing guarantee instruments. Moreover, the EIB should actively seek to participate in risk sharing instruments and debt capital market financing of projects with stable and predictable cash flow generation. In particular, it should consider supporting debt capital market instruments issued or granted for the benefit of an investment project carried out in the eligible countries. In addition, the EIB should increase its provision of loans in local currencies and issue bonds in local markets, provided that beneficiary countries put in place the necessary structural reforms, in particular in the financial sector, as well as other measures to facilitate EIB activities. In the diversification and expansion of capital market instruments, special care should be taken to ensure that such instruments do not lead to risky financial practices and indebtedness and therefore could threaten financial stability.
(28) The Commission should report annually to the European Parliament and the Council. The report should assess EIB financing operations and their compliance with this Decision, their added value and contribution to the Union external policies, their quality, their development impact drawing on the EIB’s REM and the financial benefits transferred to beneficiaries. The report should also include information on calls on the EU guarantee, on climate change and biodiversity financing under this Decision, on the follow-up of the functioning of the Memorandum of Understanding between the EIB and the European Ombudsman, and a description of the cooperation with the Commission and other European and international financial institutions, including co-financing. The report should be made public in order to allow relevant stakeholders, including civil society, to express their views.
(29) The EIB financing operations in support of Union external policies should continue to be conducted in accordance with the principles of sound banking practice. They should continue to be managed in accordance with the EIB’s own rules and procedures, which should reflect those principles, including appropriate control measures and compliance with the EIB’s statement on social and environmental standards, as well as with the relevant rules and procedures concerning the Court of Auditors and the European Anti-Fraud Office (OLAF). In its financing operations the EIB should adequately implement its policies towards weakly regulated or non-cooperative jurisdictions identified as such by the Union, the United Nations, the Organisation for Economic Cooperation and Development or the Financial Action Task Force in order to contribute to the international fight against tax fraud, tax evasion and money-laundering. In the interests of transparency, the EIB should draw up, to the extent possible, in cooperation with the local financial intermediaries, a list of the final borrowers.
(30) The EIB should take appropriate measures ensuring that, when financing operations subject to the EU guarantee, the financial interests of the Union are protected by the application of preventive measures against fraud, corruption, money laundering and any other illegal activities and that OLAF is entitled to conduct on-the-spot checks and inspections in the premises of the beneficiaries. The EIB should, in line with its Policy on preventing and deterring prohibited conduct in European Investment Bank activities (the ‘EIB anti-fraud policy’), which was adopted in 2008 and revised in 2013, cooperate closely with the competent Union and Member States’ authorities in order to strengthen the anti-money laundering and anti-terrorist financing measures in force and help improve their enforcement. In line with its Whistleblowing Policy, the EIB should also pay particular attention to information by whistleblowers regarding potential cases of fraud, corruption or other illegal activity, allowing for a proper follow-up, feedback and protection against retaliation.
(31) The EIB governing bodies should be encouraged to take the necessary measures to adapt the EIB activity to contribute to the Union’s external policies in an effective manner, and to adequately meet the requirements set out in this Decision,
HAVE ADOPTED THIS DECISION:

EU guarantee

1. The Union shall grant the European Investment Bank (EIB) a budgetary guarantee for financing operations carried out outside the Union (‘EU guarantee’). The EU guarantee shall be granted as a global guarantee in respect of payments due to the EIB, but not received by it, in connection with loans, loan guarantees, and debt capital market instruments granted for or issued for the benefit of EIB investment projects that are eligible in accordance with paragraph 2.
2. Eligible for the EU guarantee shall be the EIB loans, loan guarantees, and debt capital market instruments that are granted for or issued for the benefit of investment projects carried out in eligible countries in accordance with the EIB’s own rules and procedures, including the EIB’s statement on environmental and social principles and standards, and in support of the relevant Union external policy objectives, where EIB financing has been granted in accordance with a signed agreement which has neither expired nor been cancelled (‘EIB financing operations’).
3. The EIB financing operations in support of Union external policies shall continue to be managed in accordance with the principles of sound banking practices.
4. The EU guarantee shall be restricted to 65 % of the aggregate amount disbursed and guaranteed under EIB financing operations, less amounts reimbursed, plus all related amounts.
5. The EU guarantee shall cover EIB financing operations signed during the period from 1 January 2014 to 31 December 2020.
6. If, on expiry of the period referred to in paragraph 5, the European Parliament and the Council have not adopted a decision granting a new EU guarantee to the EIB against losses under its financing operations outside the Union, that period shall be automatically extended once by six months.

Ceilings for EIB financing operations under EU guarantee

1. The maximum ceiling of the EIB financing operations under EU guarantee throughout the period 2014-20 shall not exceed EUR 30 000 000 000. Amounts initially earmarked for financing operations but subsequently cancelled shall not count against the ceiling.
This maximum ceiling shall be broken down into:
(a)
a fixed ceiling of a maximum amount of EUR 27 000 000 000;
(b)
an optional additional amount of EUR 3 000 000 000.
The European Parliament and the Council shall decide in accordance with the ordinary legislative procedure on the activation in whole or in part of the amount referred to in point (b) and its regional distribution following the mid-term review as set out in Article 19.
2. The fixed ceiling referred to in point (a) of paragraph 1 shall be broken down into regional ceilings and sub-ceilings as laid down in Annex I. Within the regional ceilings, the EIB shall progressively ensure a balanced country distribution within the regions covered by the EU guarantee.

General objectives and principles

1. The EU guarantee shall be granted only for EIB financing operations which have added value on the basis of the EIB’s own assessment, and support any of the following general objectives:
(a)
local private sector development, in particular support to SMEs;
(b)
development of social and economic infrastructure, including transport, energy, environmental infrastructure, and information and communication technology;
(c)
climate change mitigation and adaptation.
2. Whilst preserving the EIB’s distinct character as an investment bank, EIB financing operations carried out under this Decision shall contribute to the general EU interest, in particular the principles guiding Union external action, as referred to in Article 21 TEU and shall contribute to the implementation of international environmental agreements to which the Union is a party. The EIB governing bodies are encouraged to take the necessary measures to adapt the EIB activity to contribute to the Union external policies in an effective manner, and to adequately meet the requirements set out in this Decision.
3. Regional integration among countries, including in particular economic integration between Pre-accession countries, Neighbourhood countries and the Union, shall be an underlying objective for EIB financing operations within areas covered by the general objectives set out in paragraph 1. The EIB shall undertake financing operations in beneficiary countries within areas covered by the general objectives by supporting foreign direct investments that promote economic integration with the Union.
4. In developing countries, as defined in the Organisation for Economic Cooperation and Development list of official development assistance recipients, the EIB financing operations shall contribute, in accordance with Articles 208 and 209 TFEU, indirectly to the objectives of the Union development cooperation policy, such as reducing poverty through inclusive growth and sustainable economy, environmental and social development.
5. To ensure that private sector investments have the greatest development impact, the EIB shall endeavour to strengthen the local private sector in beneficiary countries through support to local investment as provided for in point (a) of paragraph 1. EIB financing operations supporting the general objectives set out in paragraph 1 shall endeavour to also include support to investment projects by SMEs from the Union. In order to effectively monitor the use of funds for the benefit of the SMEs concerned, the EIB shall establish adequate contractual requirements with financial intermediaries, including standards for reporting to be provided by the beneficiaries.
The EIB shall cooperate with financial intermediaries that can support the specific needs of SMEs in the countries of operation and that do not participate in EIB financing operations implemented in an eligible country through vehicles located in a foreign non-cooperative jurisdiction referred to in Article 13.
6. EIB financing operations supporting the general objective set out in point (b) of paragraph 1 shall support investment projects predominantly in the areas of transport, energy, environmental infrastructure, information and communication technology, health and education. This includes production and integration of energy from renewable sources, energy systems transformation enabling a switch to lower carbon intensive technologies and fuels, sustainable energy security and energy infrastructure, including for gas production and transportation to Union energy market, as well as electrification of rural areas, environmental infrastructure such as water and sanitation and green infrastructure, telecommunications and broadband network infrastructure.
7. EIB financing operations supporting the general objectives set out in point (c) of paragraph 1 shall support investment projects in climate change mitigation and adaptation which contribute to the overall objective of the United Nations Framework Convention on Climate Change, in particular by avoiding or reducing greenhouse gas emissions in the areas of renewable energy, energy efficiency and sustainable transport, or by increasing resilience to the adverse impacts of climate change on vulnerable countries, sectors and communities. The eligibility criteria for climate action projects are defined in the EIB climate change strategy which shall be updated before the end of 2015. To this end, an analysis of the carbon footprint ought to be included in the environmental assessment procedure to determine whether project proposals optimise energy-efficiency improvements. Over the period covered by this Decision, the volume of those operations shall represent at least 25 % of total EIB financing operations.
8. In line with Union and international climate change objectives, before the end of 2015 the EIB, in cooperation with the Commission, shall update its climate change strategy as regards EIB financing operations. This update shall, inter alia, integrate concrete actions to ensure that investment projects under this Decision are in line with Union’s climate change objectives and to step up efforts to support renewable energy sources and energy efficiency.
9. The EU guarantee shall cover only EIB financing operations carried out in eligible countries that have concluded a framework agreement with the EIB establishing the legal conditions under which such operations are to be carried out.

Countries covered

1. The list of countries potentially eligible for EIB financing under EU guarantee is set out in Annex II. The list of countries eligible for EIB financing under EU guarantee is set out in Annex III and shall include no countries other than those listed in Annex II. For countries not listed in Annex II, eligibility for EIB financing under the EU guarantee shall be decided on a case-by-case basis in accordance with the ordinary legislative procedure.
2. The Commission shall be empowered to adopt delegated acts in accordance with Article 18 concerning amendments to Annex III. The Commission’s decisions shall be based on an overall assessment, including economic, social, environmental and political aspects, in particular those related to the democracy, human rights and fundamental freedoms as well as the relevant European Parliament resolutions and Council decisions and conclusions.
3. Delegated acts amending Annex III shall not affect the EU guarantee coverage of EIB financing operations signed before the entry into force of those delegated acts, subject to paragraph 4.
4. Disbursements on EIB financing operations benefiting from a Comprehensive Guarantee as referred to in Article 8(1) shall not be made in countries not listed in Annex III.
5. The EU guarantee shall not cover EIB financing operations in a specific country with which the agreement concerning such operations has been signed after that country’s accession to the Union.

Contribution of EIB financing operations to Union policies

1. The Commission shall update, together with the EIB, the existing regional technical operational guidelines for EIB financing operations within one year following the entry into force of this Decision.
The regional technical operational guidelines shall be consistent with the wider Union regional policy framework set out in Annex IV. In particular, the regional technical operational guidelines shall ensure that EIB financing under this Decision is complementary to corresponding Union assistance policies, programmes and instruments in the different regions.
In updating the regional technical operational guidelines, the Commission and the EIB shall take into account relevant European Parliament resolutions and Council decisions and conclusions. The regional technical operational guidelines shall be consistent with the priorities contained in the national or regional programmes, where available, drawn up by the beneficiary countries, taking due account of any consultation with local civil society in the process of drawing up those programmes.
The Commission shall transmit to the European Parliament and to the Council the updated regional technical operational guidelines, as soon as they are established.
Within the framework set out by the regional technical operational guidelines, the EIB shall define corresponding financing strategies and ensure their implementation.
EIB financing operations shall be consistent with the regional technical operational guidelines and the strategies of the beneficiary country.
The regional technical operational guidelines shall be reviewed following the mid-term review referred to in Article 19.
2. Within the framework of the procedure provided for in Article 19 of Protocol No 5, the Commission delivers an opinion on EIB financing operations. In the case of EIB financing operations falling under this Decision, where the Commission delivers an unfavourable opinion, that operation shall not be covered by the EU guarantee.

Cooperation with the Commission and the EEAS

1. The consistency of EIB external actions with Union external policy objectives shall be further strengthened, with a view to maximising synergies between EIB financing operations and Union budgetary resources, in particular through the updating of the regional technical operational guidelines referred to in Article 5, for which the EEAS shall be consulted on policy issues, as appropriate, as well as through regular and systematic dialogue and early exchange of information on:
(a)
strategic documents prepared by the Commission or the EEAS as appropriate, such as country and regional strategy papers, indicative programmes, action plans and pre-accession documents;
(b)
the EIB’s strategic planning documents, investment project pipelines and EIB annual reporting to the Commission;
(c)
other policy and operational aspects.
2. The cooperation shall be carried out on a region-by-region basis, including at Union delegation level, taking into consideration the EIB’s role as well as the policies of the Union in each region.

Cooperation with other European and international financial institutions

1. EIB financing operations shall be carried out, where appropriate, in cooperation with other European multilateral and Member States’ financial institutions (‘European financial institutions’) and international financial institutions, including regional development banks (‘international financial institutions’) in order to maximise synergies, cooperation and efficiency, to develop jointly innovative financial instruments, to ensure prudent and reasonable sharing of risks and coherent investment project and sector conditionality, and in order to minimise possible duplication of costs and unnecessary overlap.
2. The cooperation referred to in paragraph 1 shall be facilitated by coordination between the Commission, the EIB and the relevant European and international financial institutions operating in the different regions, carried out where appropriate in the context of memoranda of understanding or other Union regional cooperation frameworks.

Coverage and terms of the EU guarantee

1. For EIB financing operations, except those consisting of debt capital market instruments, entered into with a State, or guaranteed by a State, and for other EIB financing operations entered into with regional or local authorities, or public enterprises or institutions owned or controlled by a State, where such other EIB financing operations have an appropriate EIB credit risk assessment taking into account the credit risk situation of the country concerned, the EU guarantee shall cover all payments due to the EIB, but not received by it (‘Comprehensive Guarantee’).
2. For the purposes of paragraph 1, Palestine is represented by the Palestinian Authority and Kosovo(13)is represented by the Authorities of Kosovo.
3. For EIB financing operations other than those referred to in paragraph 1, the EU guarantee shall cover all payments due to the EIB but not received by it, where the non-receipt has been caused by the realisation of one of the following political risks (‘Political Risk Guarantee’):
(a)
non-transfer of currency;
(b)
expropriation;
(c)
war or civil disturbance;
(d)
denial of justice upon breach of contract.
4. For EIB financing operations consisting of debt capital market instruments, only the Political Risk Guarantee shall apply.
5. Financing agreements with individual promoters relating to EIB financing operations shall also include appropriate environmental and social provisions in accordance with the EIB’s own rules and procedures.
6. The Commission and the EIB shall set out in the guarantee agreement referred to in Article 14 a clear and transparent allocation policy allowing the EIB to identify, within its external activity, the operations to be financed under this Decision in order to ensure the most effective use of the EU guarantee. The allocation policy shall be based on the creditworthiness of EIB financing operations as assessed by the EIB, the ceilings as defined in Annex I, the nature of the counterparty, whether a sovereign State or a sub-sovereign entity falling under paragraph 1 of this Article or a private entity, EIB risk absorption capacity and other relevant criteria, including added value of the EU guarantee. The European Parliament and the Council shall be informed on the allocation policy in accordance with Article 14.
7. When the EU guarantee is called, the Union shall be subrogated to any relevant rights of the EIB in respect of any obligation in connection to its financing operations, in accordance with the guarantee agreement referred to in Article 14.

EIB assessment and monitoring of investment projects

1. The EIB shall carry out thorough due diligence and, where appropriate, shall require project promoters to carry out local public consultation, in line with Union social and environmental principles, with the relevant national and local stakeholders, as well as with civil society, at project planning stage and implementation stage on social, human rights, environmental, economic and development-related aspects of investment projects covered by the EU guarantee, and to provide information relevant for the assessment of the contribution to the fulfilment of Union external policy and strategic objectives.
Where appropriate, this appraisal shall include an assessment of how the capacities of the beneficiaries of EIB financing can be reinforced throughout the project cycle with technical assistance. The EIB’s own rules and procedures shall include the necessary provisions on assessment of environmental and social impact of investment projects and of aspects related to human rights and conflict prevention, to ensure that investment projects supported under this Decision are environmentally and socially sustainable.
2. In addition to theex-anteassessment of development-related aspects, the EIB shall monitor the implementation of financing operations. In particular, it shall require the project promoters to carry out thorough monitoring during project implementation until completion, inter alia, on the economic, development, social, environmental and human rights impact of the investment project. The EIB shall verify on a regular basis the information provided by the project promoters and make it publicly available if the project promoter agrees. Where possible, project completion reports related to EIB financing operations shall be published excluding confidential information.
3. The EIB monitoring shall also endeavour to cover the implementation of intermediated operations and the performance of financial intermediaries in support of SMEs.
4. The EIB shall establish a comprehensive system toex-anteassess relative and absolute greenhouse gas emissions related to EIB financing operations where those emissions meet significant thresholds, as defined in a relevant methodology included in the EIB climate change strategy, and where data is available.
5. The results of monitoring shall, where possible, be disclosed, subject to confidentiality requirements and the agreement of relevant parties.

External assigned revenue for the Guarantee Fund

Repayments and revenues for an amount of EUR 110 000 000, originating from operations concluded before 2007, including capital repayments, guarantees released, and repayments of the principal of loans, dividends, capital gains, guarantee fees and interest on loans and on amounts on fiduciary accounts, paid back to the fiduciary account established for the Facility for Euro-Mediterranean Investment and Partnership and attributable to the support from the general budget of the Union, shall constitute external assigned revenue in accordance with Article 21(4) of Regulation (EU, Euratom) No 966/2012 and shall be used for the Guarantee Fund.
Amounts exceeding EUR 110 000 000 which have been paid back to the fiduciary account established for the Facility for Euro-Mediterranean Investment and Partnership shall be entered in the general budget of the Union after deduction of management costs and fees.

Annual reporting and accounting

1. The Commission shall report annually to the European Parliament and to the Council on EIB financing operations carried out under this Decision. The report shall be made public and include:
(a)
an assessment of EIB financing operations at project, sector, country and regional levels and their compliance with this Decision;
(b)
an assessment of the added value, the estimated outputs, outcomes and development impact of EIB financing operations at an aggregated basis, drawing on the EIB’s Results Measurement framework annual report. To that effect, the EIB shall use performance indicators in relation to development, environmental and social aspects, including human right aspects, of projects funded, taking into account the relevant indicators under the Paris Declaration of 2005 for Aid Effectiveness. Indicators for environmental aspects of projects shall include criteria for clean technology which are oriented in principle at energy efficiency and technologies for reducing emissions;
(c)
an assessment of the contribution of EIB financing operations to the fulfilment of Union external policy and strategic objectives, taking into account the regional technical operational guidelines referred to in Article 5;
(d)
an assessment of the financial benefit transferred to beneficiaries of EIB financing operations on an aggregated basis;
(e)
an assessment of the quality of EIB financing operations, in particular, the extent to which the EIB has taken into account environmental and social sustainability in the due diligence and monitoring of the investment projects financed;
(f)
detailed information on calls on the EU guarantee;
(g)
information on the climate change and biodiversity financing volumes under this Decision, the impact on absolute and relative greenhouse gas emissions referred to in Article 9(4) on an aggregated basis as well as the number of projects assessed against the climate risk;
(h)
a description of the cooperation with the Commission and other European and international financial institutions, including co-financing. The report shall in particular include a breakdown of Union financial resources and resources of other European and international financial institutions used in combination with EIB financing, thus giving an overview of the overall investment supported by EIB financing operations carried out under this Decision. The report shall also mention the conclusion of new memoranda of understanding between the EIB and other European or international financial institutions having a bearing on EIB financing operations under this Decision;
(i)
information on the follow up of the functioning of the Memorandum of Understanding between the EIB and the European Ombudsman in so far as that Memorandum concerns EIB financing operations covered by this Decision.
2. For the purposes of the Commission’s reporting referred to in paragraph 1, the EIB shall provide the Commission with yearly reports on EIB financing operations carried out under this Decision including all necessary elements allowing the Commission to report in accordance with paragraph 1. The EIB may also provide to the Commission additional information relevant for the European Parliament and the Council to have a comprehensive overview of EIB external activity.
3. The EIB shall provide the Commission with statistical, financial and accounting data on each EIB financing operation, as well as any additional information necessary to fulfil the Commission’s reporting duties or requests by the Court of Auditors and an auditor’s certificate on the outstanding amounts of the EIB financing operations. EIB shall also provide the Commission any other necessary documents in line with Regulation (EU, Euratom) No 966/2012.
4. For the purposes of the Commission’s accounting and reporting of the risks covered by the EU guarantee, the EIB shall provide the Commission with the EIB’s risk assessment and grading information concerning EIB financing operations.
5. The EIB shall provide the Commission, at least on a yearly basis, an indicative multiannual programme of the planned volume of signatures of EIB financing operations, so as to ensure compatibility of the EIB’s forecast financing with the ceilings established in this Decision and for the Commission to ensure appropriate budgetary planning for provisioning the Guarantee Fund. The Commission shall take account of this forecast when preparing the draft general budget of the Union.
6. The EIB shall on a regular basis provide the European Parliament, the Council and the Commission with all its independent evaluation reports which assess the practical results achieved by the specific activities of the EIB under this Decision and other external mandates.
7. The EIB shall provide the information referred to in paragraphs 2 to 6 at its own expense. The EIB shall also make publicly available the information referred to in paragraphs 2, 3 and 6, in general terms and excluding any confidential information.

Transparency and public disclosure of information

1. In accordance with its own transparency policy and Union principles on access to documents and information, and progressively with International Aid Transparency Initiative standards, the EIB shall make publicly available on its website information relating to:
(a)
all EIB financing operations carried out under this Decision, after the project approval stage, in particular indicating whether an investment project is covered by the EU guarantee and how it contributes to the goals of the Union external action, noting in particular its economic, social and environmental impact;
(b)
unless confidentiality requirements apply, any memoranda of understanding between the EIB and other European or international financial institutions having a bearing on EIB financing operations under this Decision;
(c)
where possible and appropriate, existing framework agreements between the EIB and a recipient country. When signing new agreements or amending existing ones, the EIB shall endeavour to make possible their disclosure;
(d)
the EIB’s allocation policy.
2. The Commission shall make publicly available on its website specific information relating to all cases of recoveries under the guarantee agreement referred to in Article 14, and the agreement laying down the detailed provisions and procedures relating to recovery of claims referred to in Article 15(2), unless confidentiality requirements apply.

Non-cooperative jurisdictions

In its financing operations, the EIB shall not tolerate any activities carried out for illegal purposes, including money laundering, financing of terrorism, tax fraud and tax evasion, corruption, and fraud affecting the financial interests of the Union. In particular the EIB shall not participate in any financing operation implemented in an eligible country through a foreign vehicle located in a non-cooperative jurisdiction identified as such by the Union, the United Nations, the Organisation for Economic Cooperation and Development or the Financial Action Task Force.
In its financing operations, the EIB shall apply the principles and standards set out in Union law on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing, including a requirement to take reasonable measures to identify the beneficial owners where applicable.

Guarantee agreement

The Commission and the EIB shall sign a guarantee agreement laying down the detailed provisions and procedures relating to the EU guarantee as set out in Article 8, and shall inform the European Parliament and the Council accordingly.

Recovery of payments made by the Commission

1. Where the Commission makes any payment under the EU guarantee, the EIB shall, in the name and on behalf of the Commission, pursue the recovery of claims for the amounts paid.
2. No later than the date of signature of the guarantee agreement referred to in Article 14, the Commission and the EIB shall sign a separate agreement laying down the detailed provisions and procedures relating to recovery of claims.

Auditing by the Court of Auditors

The EU guarantee and the payments and recoveries under it attributable to the general budget of the Union shall be audited by the Court of Auditors.

Anti-fraud measures

1. The EIB shall notify OLAF promptly and provide it with the necessary information when, at any stage of the preparation, implementation or closure of projects subject to the EU guarantee, it has grounds to suspect that there is a potential case of fraud, corruption, money laundering or other illegal activity that may affect the financial interests of the Union.
2. OLAF may carry out investigations, including on-the-spot checks and inspections, in accordance with the provisions and procedures laid down in Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council(14), Council Regulation (Euratom, EC) No 2185/96(15)and Council Regulation (EC, Euratom) No 2988/95(16)in order to protect the financial interests of the Union, with a view to establishing whether there has been fraud, corruption, money laundering or any other illegal activity affecting the financial Interests of the Union in connection with any financing operations. OLAF may transmit to the competent authorities of the Member States concerned information obtained in the course of investigations.
Where such illegal activities are proven, the EIB shall assist recovery efforts with respect to its financing operations and within its scope of responsibilities.
3. Financing agreements signed in relation to projects supported under this Decision shall include clauses allowing suspension of EIB financing operations and, if necessary, appropriate recovery measures in cases of fraud, corruption or other illegal activity. The decision whether to suspend or cancel the EIB financing shall be taken by the EIB after due consideration of all circumstances and risks.
4. The EIB shall continue to rely on its single point of contact for anti-corruption and anti-fraud for EIB staff and all stakeholders.
5. In its financing operations, the EIB shall implement its exclusion mechanism for debarment of counterparties involved in fraud and corruption which includes the exclusion criteria of the Union’s Central Exclusion Database ensuring that rights of all parties are respected.

Exercise of the delegation

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
2. The delegation of power referred to in Article 4 shall be conferred on the Commission for an indeterminate period of time from 11 May 2014.
3. The delegation of power referred to in Article 4 may be revoked at any time by the European Parliament or by the Council. A decision of revocation shall put an end to the delegation of the power specified in that decision. It shall take effect the day following the publication of the decision in theOfficial Journal of the European Unionor at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
4. As soon as it adopts a delegated act, the Commission shall notify it simultaneously to the European Parliament and to the Council.
5. A delegated act adopted pursuant to Article 4 shall enter into force only if no objection has been expressed either by the European Parliament or by the Council within a period of two months of notification of that act to the European Parliament and to the Council or if, before the expiry of that period, the European Parliament and the Council have both informed the Commission that they will not object. That period shall be extended by two months at the initiative of the European Parliament or of the Council.

Mid-term review

By 31 December 2016, the Commission, in cooperation with the EIB, shall submit to the European Parliament and the Council a mid-term report evaluating the application of this Decision in the first years accompanied, where appropriate, by a proposal for its amendment. The mid-term report shall draw upon an independent external evaluation and contribution from the EIB.
The report shall include in particular:
(a)
an assessment of the application of the allocation policy;
(b)
an assessment of EIB reporting and where appropriate recommendations on how to improve it;
(c)
an assessment of the REM, including performance indicators and criteria, and their contribution to the achievement of the objectives of this Decision;
(d)
a detailed account of the criteria considered for the recommendation concerning the potential activation in whole or in part of the optional additional amount.

Final reporting

By 31 December 2021, the Commission shall present to the European Parliament and to the Council a final report on the application of this Decision.

Entry into force

This Decision shall enter into force on the third day following that of its publication in theOfficial Journal of the European Union.
ANNEX IREGIONAL CEILINGS
A. | Pre-accession countries: EUR 8 739 322 000;
B. | Neighbourhood and Partnership countries: EUR 14 437 225 000, broken down into the following indicative sub-ceilings:(i)Mediterranean countries: EUR 9 606 200 000;(ii)Eastern Europe, Southern Caucasus and Russia: EUR 4 831 025 000; | (i) | Mediterranean countries: EUR 9 606 200 000; | (ii) | Eastern Europe, Southern Caucasus and Russia: EUR 4 831 025 000;
(i) | Mediterranean countries: EUR 9 606 200 000;
(ii) | Eastern Europe, Southern Caucasus and Russia: EUR 4 831 025 000;
C. | Asia and Latin America: EUR 3 407 295 000, broken down into the following indicative sub-ceilings:(i)Latin America: EUR 2 288 870 000;(ii)Asia: EUR 936 356 000;(iii)Central Asia: EUR 182 069 000; | (i) | Latin America: EUR 2 288 870 000; | (ii) | Asia: EUR 936 356 000; | (iii) | Central Asia: EUR 182 069 000;
(i) | Latin America: EUR 2 288 870 000;
(ii) | Asia: EUR 936 356 000;
(iii) | Central Asia: EUR 182 069 000;
D. | South Africa: EUR 416 158 000.Within the overall fixed ceiling, the EIB governing bodies may decide, after consulting the Commission, to reallocate an amount of up to 20 % of the sub-regional ceilings within regions and up to 10 % of the regional ceilings between regions.

A.   Pre-accession countries

ANNEX IIPOTENTIALLY ELIGIBLE REGIONS AND COUNTRIES
1. | CandidatesIceland, former Yugoslav Republic of Macedonia, Montenegro, Serbia, Turkey
2. | Potential candidatesAlbania, Bosnia and Herzegovina, KosovoB. Neighbourhood and Partnership countries
1. | Mediterranean countriesAlgeria, Egypt, Israel, Jordan, Lebanon, Libya, Morocco, Palestine, Syria, Tunisia
2. | Eastern Europe, Southern Caucasus and RussiaEastern Europe: Belarus, Republic of Moldova, UkraineSouthern Caucasus: Armenia, Azerbaijan, GeorgiaRussiaC. Asia and Latin America
1. | Latin AmericaArgentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, Cuba, Ecuador, El Salvador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, Uruguay, Venezuela
2. | AsiaAfghanistan, Bangladesh, Bhutan, Brunei, Cambodia, China (including Hong Kong and Macao Special Administrative Regions), India, Indonesia, Iraq, Laos, Malaysia, Maldives, Mongolia, Myanmar/Burma, Nepal, Pakistan, Philippines, Singapore, South Korea, Sri Lanka, Taiwan, Thailand, Vietnam, Yemen
3. | Central AsiaKazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, UzbekistanD. South AfricaSouth Africa

A.   Pre-accession countries

ANNEX IIIELIGIBLE REGIONS AND COUNTRIES
1. | CandidatesIceland, former Yugoslav Republic of Macedonia, Montenegro, Serbia, Turkey
2. | Potential candidatesAlbania, Bosnia and Herzegovina, KosovoB. Neighbourhood and Partnership countries
1. | Mediterranean countriesAlgeria, Egypt, Israel, Jordan, Lebanon, Libya, Morocco, Palestine, Tunisia
2. | Eastern Europe, Southern Caucasus and RussiaEastern Europe: Republic of Moldova, UkraineSouthern Caucasus: Armenia, Azerbaijan, GeorgiaRussiaC. Asia and Latin America
1. | Latin AmericaArgentina, Bolivia, Brazil, Chile, Colombia, Costa Rica, Ecuador, El Salvador, Guatemala, Honduras, Mexico, Nicaragua, Panama, Paraguay, Peru, Uruguay, Venezuela
2. | AsiaBangladesh, Brunei, Bhutan, Cambodia, China (including Hong Kong and Macao Special Administrative Regions), India, Indonesia, Iraq, Laos, Malaysia, Maldives, Mongolia, Myanmar/Burma, Nepal, Pakistan, Philippines, Singapore, South Korea, Sri Lanka, Thailand, Vietnam, Yemen
3. | Central AsiaKazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, UzbekistanD. South AfricaSouth Africa
ANNEX IVREGIONAL POLICY FRAMEWORKEIB activity in partners participating in the pre-accession process takes place in the framework established in the Accession and European Partnerships which set out the priorities for candidates and potential candidates with a view to making progress in moving closer to the Union, and which provide a framework for Union assistance. The Stabilisation and Association Process is the Union policy framework for the Western Balkans. It is based on progressive partnership, in which the Union offers trade concessions, economic and financial assistance and contractual relationships through Stabilisation and Association Agreements. Pre-accession financial assistance helps the candidates and potential candidates prepare for the obligations and challenges of membership of the Union. This assistance supports the reform process, including preparations for eventual membership. It focuses on institution-building, alignment with theacquisof the Union, preparation for Union policies and instruments and promotion of measures to achieve economic convergence.
EIB activity in Neighbourhood countries takes place in the framework of the new European Neighbourhood Policy set out in the Joint Communication entitled ‘A new response to a changing Neighbourhood’, adopted by the High Representative of the Union for Foreign Affairs and Security Policy and the Commission on 25 May 2011, and the Council conclusions adopted on 20 June 2011, which calls notably for greater support to partners committed to building democratic societies and undertaking reforms, in line with the ‘more for more’ and ‘mutual accountability’ principles, and provides the strategic policy framework for the Union relations with the neighbours. In the framework of this cooperation, EIB financing under this Decision will also be targeted at policies promoting inclusive growth and job creation contributing to social stability in line with an incentive-based approach supporting Union external policy objectives, including in relation to migration issues.
In order to achieve these objectives the Union and its partners implement jointly agreed bilateral action plans defining a set of priorities including on political and security issues, trade and economic matters, environmental and social concerns and integration of transport and energy networks.
The Union for the Mediterranean, the Eastern Partnership, the Black Sea Synergy, the Union Strategy for the Danube Region and the Union Strategy for the Baltic Sea Region are multilateral and regional initiatives aimed at fostering cooperation between the Union and the respective group of Neighbourhood partner countries facing common challenges and/or sharing a common geographical environment. The Union for the Mediterranean aims to relaunch the Euro-Mediterranean integration process by supporting mutual economic, social and environmental development on both sides of the Mediterranean and supports improved socioeconomic development, solidarity, regional integration, sustainable development and knowledge building, underlining the need to increase financial cooperation to support regional and trans-national projects. The Union for the Mediterranean supports, in particular, the creation of maritime and land highways, the de-pollution of the Mediterranean, the Mediterranean solar energy plan, the Mediterranean Business Development Initiative, civil protection initiatives and the Euro-Mediterranean university.
The Eastern Partnership aims to create the necessary conditions to accelerate political association and further economic integration between the Union and Eastern partner countries. The Eastern Partnership will provide additional impetus to the economic and social and regional development of the partner countries. It will facilitate good governance, including in the financial sector, promote regional development and social cohesion and help to reduce partner countries’ socioeconomic disparities.
The Union Strategy for the Baltic Sea Region supports a sustainable environment and optimal economic and social development in the Baltic Sea region. The Union Strategy for the Danube Region supports, in particular, the development of transport, energy connections and security, sustainable environment and socioeconomic development in the Danube region. The Eastern Partnership aims to create the necessary conditions to accelerate political association and further economic integration between the Union and Eastern partner countries. Russia and the Union have a wide-ranging strategic partnership, distinct from the European Neighbourhood Policy and expressed through the Common Spaces and Roadmaps. These are complemented at multilateral level by the Northern Dimension which provides a framework for cooperation between the Union, Russia, Norway and Iceland (Belarus, Canada and the United States are observers to the Northern Dimension).
EIB activity in Latin America takes place in the framework of the Union, Latin America and the Caribbean Strategic Partnership. As highlighted in the 30 September 2009 Commission Communication from the Commission to the European Parliament and the Council entitled ‘The European Union and Latin America: Global Players in Partnership’, the Union’s priorities in the field of cooperation towards Latin America are the promotion of regional integration and the eradication of poverty and social inequality in order to promote sustainable economic and social development. These policy objectives will be fostered taking into account the different level of development of Latin American countries. Bilateral dialogue and cooperation will be pursued in areas of common interest for both regions, including environment, climate change, disaster risk reduction and energy, science, research, higher education, technology and innovation.
In Asia, the Union is deepening its strategic partnerships with China and India and negotiations are progressing on new partnership and free trade agreements with South-East Asian countries. At the same time, development cooperation remains high on the Union’s agenda with Asia; the Union development strategy for the Asian region aims at eradicating poverty by supporting broad-based sustainable economic growth, promoting a conducive environment and conditions for trade and integration within the region, enhancing governance, increasing political and social stability, and supporting the achievement of the 2015 Millennium Development Goals. Policies are being put in place jointly to address common challenges, such as climate change, sustainable development, security and stability, governance and human rights, as well as the prevention of, and response to, natural and humanitarian disasters.
The Union Strategy for a new partnership with Central Asia adopted by the European Council of 21-22 June 2007 has strengthened regional and bilateral dialogue and Union cooperation with Central Asian countries on major issues facing the region, such as poverty reduction, sustainable development and stability. The implementation of the strategy has brought about important advances in the fields of human rights, the rule of law, good governance and democracy, education, economic development, trade and investment, energy and transport and environmental policies.
EIB activity in South Africa takes place in the framework of the Joint EU Country Strategy Paper for South Africa. The main focal areas identified in that Strategy Paper are employment creation and capacity development for service delivery and social cohesion. EIB activities in South Africa have taken place in high complementarity with the Union development cooperation programme, namely through the EIB focus on private sector support and investments in expansion of infrastructure and social services (housing, electric power, drinking water purification and municipal infrastructure). The mid-term review of the EU Country Strategy Paper for South Africa conducted in 2009-10 has proposed the strengthening of actions in the area of climate-change through activities supporting the creation of green jobs. For the period 2014-20, EIB activity is expected to support in a complementary fashion Union external cooperation policies, programmes and instruments by continuing to focus on key EU-South Africa priorities in order to promote equitable and sustainable economic growth, contribute to employment creation and capacity development, and support the sustainable provision and equitable access to basic infrastructure and services.

Pending: 32014D0237

January 15, 2026
26.4.2014 EN Official Journal of the European Union L 125/93
(1) Plant health checks carried out by Member States on consignments of certain plants and plant products of Indian origin revealed a high number of interceptions due to the presence of harmful organisms mainlyTephritidae(non-European),Thrips palmiKarny orBemisia tabaciGenn. The number of consignments from India intercepted with harmful organisms in the Union has shown an upward trend since 2010. Most of the interceptions concern plants other than seeds and roots ofColocasiaSchott and plants other than seeds ofMangiferaL.,MomordicaL.,Solanum melongenaL. andTrichosanthesL. (hereinafter ‘the specified commodities’).
(2) Audits carried out by the Commission in India, in particular in 2010 and 2013, revealed shortcomings in the phytosanitary export certification system. Despite assurances and action taken by India, the number of interceptions increased further in 2013.
(3) In the light of the outcome of those audits and the number of interceptions, it has been concluded that the current phytosanitary safeguards of India are insufficient to ensure that consignments are free from harmful organisms or to address the risk of introduction of harmful organisms into the Union through the import of the specified commodities.
(4) Measures should be taken to address the risk posed by the import into the Union of the specified commodities originating in India. Consequently, the introduction into the Union of the specified commodities originating in India should be prohibited.
(5) The measures should remain in place until 31 December 2015 in order to address the ongoing risk of introduction, while allowing India to upgrade its certification system.
(6) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plant Health,
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community(1), and in particular the third sentence of Article 16(3), thereof,
(1) Plant health checks carried out by Member States on consignments of certain plants and plant products of Indian origin revealed a high number of interceptions due to the presence of harmful organisms mainlyTephritidae(non-European),Thrips palmiKarny orBemisia tabaciGenn. The number of consignments from India intercepted with harmful organisms in the Union has shown an upward trend since 2010. Most of the interceptions concern plants other than seeds and roots ofColocasiaSchott and plants other than seeds ofMangiferaL.,MomordicaL.,Solanum melongenaL. andTrichosanthesL. (hereinafter ‘the specified commodities’).
(2) Audits carried out by the Commission in India, in particular in 2010 and 2013, revealed shortcomings in the phytosanitary export certification system. Despite assurances and action taken by India, the number of interceptions increased further in 2013.
(3) In the light of the outcome of those audits and the number of interceptions, it has been concluded that the current phytosanitary safeguards of India are insufficient to ensure that consignments are free from harmful organisms or to address the risk of introduction of harmful organisms into the Union through the import of the specified commodities.
(4) Measures should be taken to address the risk posed by the import into the Union of the specified commodities originating in India. Consequently, the introduction into the Union of the specified commodities originating in India should be prohibited.
(5) The measures should remain in place until 31 December 2015 in order to address the ongoing risk of introduction, while allowing India to upgrade its certification system.
(6) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plant Health,
HAS ADOPTED THIS DECISION:

Article 1
The introduction into the territory of the Union of plants other than seeds and roots ofColocasiaSchott and plants other than seeds ofMangiferaL.,MomordicaL.,Solanum melongenaL. andTrichosanthesL., originating in India shall be prohibited.

Article 2
This Decision shall expire on 31 December 2015.

Article 3
This Decision is addressed to the Member States.

THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community(1), and in particular the third sentence of Article 16(3), thereof,
(1) Plant health checks carried out by Member States on consignments of certain plants and plant products of Indian origin revealed a high number of interceptions due to the presence of harmful organisms mainlyTephritidae(non-European),Thrips palmiKarny orBemisia tabaciGenn. The number of consignments from India intercepted with harmful organisms in the Union has shown an upward trend since 2010. Most of the interceptions concern plants other than seeds and roots ofColocasiaSchott and plants other than seeds ofMangiferaL.,MomordicaL.,Solanum melongenaL. andTrichosanthesL. (hereinafter ‘the specified commodities’).
(2) Audits carried out by the Commission in India, in particular in 2010 and 2013, revealed shortcomings in the phytosanitary export certification system. Despite assurances and action taken by India, the number of interceptions increased further in 2013.
(3) In the light of the outcome of those audits and the number of interceptions, it has been concluded that the current phytosanitary safeguards of India are insufficient to ensure that consignments are free from harmful organisms or to address the risk of introduction of harmful organisms into the Union through the import of the specified commodities.
(4) Measures should be taken to address the risk posed by the import into the Union of the specified commodities originating in India. Consequently, the introduction into the Union of the specified commodities originating in India should be prohibited.
(5) The measures should remain in place until 31 December 2015 in order to address the ongoing risk of introduction, while allowing India to upgrade its certification system.
(6) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Plant Health,
HAS ADOPTED THIS DECISION:
The introduction into the territory of the Union of plants other than seeds and roots ofColocasiaSchott and plants other than seeds ofMangiferaL.,MomordicaL.,Solanum melongenaL. andTrichosanthesL., originating in India shall be prohibited.
This Decision shall expire on 31 December 2015.
This Decision is addressed to the Member States.

Pending: 32014D0129

January 15, 2026
12.3.2014 EN Official Journal of the European Union L 71/3
(1) On 12 December 2003, the European Council adopted the EU Strategy against Proliferation of Weapons of Mass Destruction (hereinafter referred to as the ‘EU WMD Non-proliferation Strategy’), Chapter III of which contains a list of measures that need to be taken both within the Union and in third countries to combat such proliferation.
(2) The Union is actively implementing the EU WMD Non-proliferation Strategy and giving effect to the measures listed in Chapter III thereof, such as developing the necessary structures within the Union.
(3) On 8 December 2008, the Council adopted its conclusions and a document entitled ‘New lines for action by the European Union in combating the proliferation of weapons of mass destruction and their delivery systems’ (hereinafter referred to as the ‘New Lines for Action’) which states that proliferation of WMD continues to constitute one of the greatest security challenges and that non-proliferation policy constitutes an essential part of the Common Foreign and Security Policy (CFSP).
(4) In the New Lines for Action, the Council calls on competent Council formations and bodies, the Commission, other institutions, and Member States to give a concrete follow-up to that document.
(5) In the New Lines for Action, the Council underlines that action of the Union to prevent proliferation could benefit from the support provided by a non-governmental non-proliferation network, bringing together foreign policy institutions and research centres specialising in the Union's strategic areas while building on useful networks which already exist. Such a network could be extended to institutions in third countries with which the Union is conducting specific dialogues in connection with non-proliferation.
(6) On 15 and 16 December 2005, the European Council adopted the EU Strategy to combat the illicit accumulation and trafficking of small arms and light weapons (SALW) and their ammunition (hereinafter referred to as the ‘EU SALW Strategy’) which sets the guidelines for the action of the Union in the field of SALW. The EU SALW Strategy considers that the illicit accumulation and trafficking of SALW and their ammunition pose a serious threat to international peace and security.
(7) The EU SALW Strategy identifies among its objectives the need to foster effective multilateralism so as to forge mechanisms, whether international, regional or within the Union and its Member States, for countering the supply and destabilising spread of SALW and their ammunition.
(8) On 26 July 2010, the Council adopted Decision 2010/430/CFSP(1)which established the European network of independent non-proliferation think tanks and provided that the technical implementation of that Decision is to be carried out by the EU Non-Proliferation Consortium (hereinafter referred to as the ‘Consortium’).
(9) The choice of the Consortium as sole beneficiary of a grant in this case is justified because of the will of the Union, as supported by the Member States, to continue a fruitful cooperation with a network of European think-tanks that is contributing to the creation of a common European culture on non-proliferation and disarmament, as well as helping the Union to develop and shape its policies in these areas and increase Union visibility. The very nature of the Consortium, which owes its existence to the Union and depends entirely on Union support, makes 100 % financing necessary in this case. The Consortium has no independent financial resources or legal authority to raise other funds. Moreover, the Consortium has established, beyond the four managing think tanks, a network bringing together more than 60 think tanks and research centres combining almost the entire non-governmental expertise in the Union.
(10) To date, the Consortium has organized two Union expert seminars, in Brussels in May 2011 and June 2013, and two major international non-proliferation conferences, in Brussels in February 2012 and September/October 2013, in addition to having 31 dedicated policy papers published on its website. The website was launched in Spring 2011 and has been regularly updated since then, including via the publication of a bi-monthly e-newsletter:nonproliferation.eu. More than 60 European independent think tanks have joined the Consortium network since its inception.
(11) By Council Decisions 2010/799/CFSP(2)and 2012/422/CFSP(3), the Consortium was entrusted with the organization of two seminars to promote confidence building and in support of a process aimed at establishing a zone free of WMD and means of delivery in the Middle East, which were held in Brussels in July 2011 and November 2012. Furthermore, by Council Decision 2013/43/CFSP(4), the Consortium was entrusted with the organization of two closed seminars in order to facilitate the successful completion of the negotiation of an Arms Trade Treaty at the March 2013 UN Conference,
(a) to encourage political and security-related dialogue and long-term discussion of measures to combat the proliferation of WMD and their delivery systems within civil societies, and more particularly among experts, researchers and academics;
(b) to provide those participating in the relevant preparatory bodies of the Council with the opportunity to consult the network on issues related to non-proliferation and to enable the representatives of Member States to participate in the network's meetings;
(c) to constitute a useful stepping stone for non-proliferation action by the Union and the international community, in particular by providing reports and/or recommendations to the representatives of the High Representative of the Union for Foreign Affairs and Security Policy (HR);
(d) to contribute to enhancing third countries' awareness of proliferation challenges and of the need to work in cooperation with the Union and in the context of multilateral fora, in particular the United Nations, to prevent, deter, halt and where possible, eliminate proliferation programmes of worldwide concern;
(e) to contribute to the development of expertise and institutional capacity in non-proliferation and disarmament matters in think tanks and governments in the Union and third countries.
(a) providing means for the organisation of three annual consultative meetings and up to seven ad-hoc seminars for experts and practitioners on the full range of non-proliferation and disarmament issues covering both unconventional and conventional arms, with a view to submitting reports and/or recommendations to the representatives of the HR;
(b) setting up a Help-Desk Facility within the Consortium, to provide ad-hoc expertise on questions related to the full range of non-proliferation and disarmament issues covering both unconventional and conventional arms, for responses within a two-week time frame;
(c) providing means for the holding of three major annual conferences with third countries and civil society on non-proliferation and disarmament to promote internationally the EU WMD Non-proliferation Strategy and the EU SALW Strategy, and the role, in this field, of Union institutions and think tanks in the Union, with a view to raising the visibility of Union policies in this area and submitting reports and/or recommendations to the representatives of the HR;
(d) providing means for the management and development of an Internet platform to facilitate contacts and foster research dialogue among the network of think tanks analysing issues related to the prevention of proliferation of WMD and conventional weapons, including SALW, as well as for the education of a new generation of experts on non-proliferation and disarmament;
(e) providing means to raise awareness and develop expertise and institutional capacity in the area of non-proliferation in think tanks and governments in the Union and third countries;
(f) addressing topics proposed by Member States and the European External Action Service (EEAS) in the overall Consortium research activities.
— through organising regular Union seminars and, as necessary, ad-hoc meetings for diplomats and academic experts on salient events and issues in the realm of WMD and SALW non-proliferation and disarmament with a view to submitting reports and/or recommendations to the representatives of the HR;
— through organising major annual conferences and, as necessary, preparatory meetings with a view to submitting reports and/or recommendations to the representatives of the HR;
— through further maintaining, managing and developing an internet platform and related social networks to facilitate contacts and foster research dialogue among the network of non-proliferation think tanks;
— through facilitating competence and transfer of know-how on EU non-proliferation and disarmament policies across the Union and to third countries.
— Exchange of information and analysis regarding current proliferation trends among policy practitioners and academic experts from the Member States, as well as specialized staff from the EEAS and institutions of the Union;
— Discussion on the best ways and means to implement Union policies against proliferation;
— Foster a European network of independent non-proliferation think tanks;
— Provide constructive feedback to the Union on its strategies against the proliferation of WMD and SALW by independent Union think tanks, and suggestions from practitioners to the think-tanks on most policy-relevant topics for further research;
— Identify relevant issues in the field of non-proliferation and disarmament for policy-oriented reports;
— Produce policy-oriented reports together with a set of action-oriented recommendations to the representatives of the HR. These reports would be disseminated to the relevant institutions of the Union and the Member States.
— Establish a major European-led international non-proliferation and disarmament conference that would become the key venue for promoting strategic discussion of measures to combat the proliferation of WMD and their delivery systems and inter-related disarmament objectives to address challenges related to conventional weapons, including countering the illicit trade and excessive accumulation of SALW and their ammunition;
— Increase the visibility and awareness of Union policies in the field of WMD and SALW non-proliferation and in the field of chemical, biological, radiological or nuclear (CBRN) action among the government officials, academia and civil society of third countries;
— Promote the role and cohesion of the European network of independent non-proliferation think tanks and the Union's role in this field, and build up non-proliferation expertise in countries where it is insufficient, including in third countries;
— Submit policy-oriented reports and/or action-oriented recommendations that would enhance the implementation of the EU WMD and SALW Strategies and constitute a useful stepping stone for non-proliferation and conventional weapons-related action by the Union and the international community;
— Increase the awareness and knowledge of the institutions of the Union, of Member States, civil society and third countries about threats related to WMD and their means of delivery, allowing them to improve anticipation.
— A yearly conference of 1,5 days held in Brussels, with the participation of up to 300 experts from think tanks and academia and governments from the Union and associated states and third countries, specialised in non-proliferation, disarmament, arms control and conventional weapons issues, including SALW;
— Attention to development of ‘next generation’ specialists including from countries outside Europe and North America, who will be invited to an extra day before or after the conference for specialised training and exposure to relevant EU institutions;
— Policy-oriented reports and/or action-oriented recommendations that would boost the implementation of the EU WMD and SALW Strategies.
— Manage ad-hoc research requests, with responses within a two-week time frame, on specific issues requested by the EEAS;
— Promote ad-hoc topic-specific dialogue between the Consortium think tanks and the EEAS;
— Allow the EEAS to build on the ad-hoc expertise and research-dedicated resources of the Consortium for short-time and occasional requests.
— Manage a platform where non-proliferation think tanks can continuously share their independent views and analysis on WMD proliferation and conventional weapons issues, including SALW;
— Expand, manage and update the existing network of independent think tanks;
— Promote a better understanding of Union strategies against the proliferation of WMD and SALW within civil society and serve as an interface between the Union and the network of think tanks;
— Allow the permanent free download of documents from the network's meetings and from independent think tanks who may wish to share their research results without financial compensation;
— Increase awareness and knowledge of the institutions of the Union, the Member States, civil society and third countries about threats related to conventional weapons, WMD and their means of delivery, allowing them to improve anticipation.
— The use of a social network-service type of technology, when feasible and appropriate, could be developed in order to allow active online communication and information exchange between the network participants in a familiar environment;
— The Consortium, in charge of the project, will be responsible for web hosting, web design and technical maintenance of the website;
— Union policies relating to WMD proliferation and conventional weapons issues, including SALW will be followed and supported by appropriate documentation on a regular basis;
— Publications of the Consortium will be promoted and supported by specific historical records;
— Conferences organised by the Consortium will be promoted and relayed on the website (background papers, agenda, presentations, video recording of open meeting when appropriate);
— An e-newsletter will be published on a bi-monthly basis in order to cover non-proliferation institutional news within the Union and to follow the academic work of the network's research centres;
— Special reports will be published on a monthly basis on topical subjects relating to WMD proliferation and conventional weapons issues, including SALW.
— To provide up to twenty policy papers on topics related to non-proliferation of WMD, their delivery systems, SALW, and disarmament;
— To provide information and analysis that can feed a political and security related dialogue on measures to combat the proliferation of WMD and their delivery systems, primarily by experts, researchers and academics;
— To provide a resource that the participants in the relevant preparatory bodies of the Council can use to inform their discussion of EU non-proliferation policy and practice;
— To provide ideas, information and analysis that can assist in the development of non-proliferation actions at Union level.
— To enhance political and security related dialogue on measures to combat the proliferation of WMD and their delivery systems, primarily by experts, researchers and academics;
— To increase the awareness, knowledge and understanding within civil societies and governments of issues related to EU non-proliferation and disarmament policies;
— To provide political and/or operational policy options to the HR, the Union's institutions and the Member States;
— To feed ideas, information and analysis that can assist in the development of non-proliferation actions at Union level.
— To build capacity in the next generation of scholars and practitioners in non-proliferation policy and programming;
— To enhance the in-depth knowledge of EU non-proliferation and disarmament policies across the Union and in third countries;
— To build networks of young practitioners and academics at the regional levels where the Union has a strong interest in non-proliferation;
— To renew and expand the expertise on WMD and SALW issues within the Union and in Partner Countries;
— To provide the institutions of the Union, Member States and the EU non-proliferation network with fresh ideas and analysis on non-proliferation.
— Laying the foundations for the creation of an online education tool with an available model-curriculum on non-proliferation and disarmament issues to become operational 24 months after the starting of the contract;
— Enhanced capacity in the next generation of scholars and practitioners in non-proliferation policy and programming;
— Increased in-depth knowledge of EU non-proliferation and disarmament policies across the Union and in third countries;
— The creation of networks of young practitioners and academics and the facilitation of practical cooperation;
— Increased expertise on WMD and SALW non-proliferation and disarmament issues within the Union and in third countries;
— Fresh input to Union institutions, Member States, Partner Countries and the EU non-proliferation network on non-proliferation.
(a) independent think tanks and academics specialised in non-proliferation and conventional weapons issues, including SALW, from the Union and third countries;
(b) institutions of the Union, including educational institutions, students and all other recipients of the online education tool;
(c) Member States;
(d) third countries.
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Articles 26(2) and 31(1) thereof,
(1) On 12 December 2003, the European Council adopted the EU Strategy against Proliferation of Weapons of Mass Destruction (hereinafter referred to as the ‘EU WMD Non-proliferation Strategy’), Chapter III of which contains a list of measures that need to be taken both within the Union and in third countries to combat such proliferation.
(2) The Union is actively implementing the EU WMD Non-proliferation Strategy and giving effect to the measures listed in Chapter III thereof, such as developing the necessary structures within the Union.
(3) On 8 December 2008, the Council adopted its conclusions and a document entitled ‘New lines for action by the European Union in combating the proliferation of weapons of mass destruction and their delivery systems’ (hereinafter referred to as the ‘New Lines for Action’) which states that proliferation of WMD continues to constitute one of the greatest security challenges and that non-proliferation policy constitutes an essential part of the Common Foreign and Security Policy (CFSP).
(4) In the New Lines for Action, the Council calls on competent Council formations and bodies, the Commission, other institutions, and Member States to give a concrete follow-up to that document.
(5) In the New Lines for Action, the Council underlines that action of the Union to prevent proliferation could benefit from the support provided by a non-governmental non-proliferation network, bringing together foreign policy institutions and research centres specialising in the Union’s strategic areas while building on useful networks which already exist. Such a network could be extended to institutions in third countries with which the Union is conducting specific dialogues in connection with non-proliferation.
(6) On 15 and 16 December 2005, the European Council adopted the EU Strategy to combat the illicit accumulation and trafficking of small arms and light weapons (SALW) and their ammunition (hereinafter referred to as the ‘EU SALW Strategy’) which sets the guidelines for the action of the Union in the field of SALW. The EU SALW Strategy considers that the illicit accumulation and trafficking of SALW and their ammunition pose a serious threat to international peace and security.
(7) The EU SALW Strategy identifies among its objectives the need to foster effective multilateralism so as to forge mechanisms, whether international, regional or within the Union and its Member States, for countering the supply and destabilising spread of SALW and their ammunition.
(8) On 26 July 2010, the Council adopted Decision 2010/430/CFSP(1)which established the European network of independent non-proliferation think tanks and provided that the technical implementation of that Decision is to be carried out by the EU Non-Proliferation Consortium (hereinafter referred to as the ‘Consortium’).
(9) The choice of the Consortium as sole beneficiary of a grant in this case is justified because of the will of the Union, as supported by the Member States, to continue a fruitful cooperation with a network of European think-tanks that is contributing to the creation of a common European culture on non-proliferation and disarmament, as well as helping the Union to develop and shape its policies in these areas and increase Union visibility. The very nature of the Consortium, which owes its existence to the Union and depends entirely on Union support, makes 100 % financing necessary in this case. The Consortium has no independent financial resources or legal authority to raise other funds. Moreover, the Consortium has established, beyond the four managing think tanks, a network bringing together more than 60 think tanks and research centres combining almost the entire non-governmental expertise in the Union.
(10) To date, the Consortium has organized two Union expert seminars, in Brussels in May 2011 and June 2013, and two major international non-proliferation conferences, in Brussels in February 2012 and September/October 2013, in addition to having 31 dedicated policy papers published on its website. The website was launched in Spring 2011 and has been regularly updated since then, including via the publication of a bi-monthly e-newsletter:nonproliferation.eu. More than 60 European independent think tanks have joined the Consortium network since its inception.
(11) By Council Decisions 2010/799/CFSP(2)and 2012/422/CFSP(3), the Consortium was entrusted with the organization of two seminars to promote confidence building and in support of a process aimed at establishing a zone free of WMD and means of delivery in the Middle East, which were held in Brussels in July 2011 and November 2012. Furthermore, by Council Decision 2013/43/CFSP(4), the Consortium was entrusted with the organization of two closed seminars in order to facilitate the successful completion of the negotiation of an Arms Trade Treaty at the March 2013 UN Conference,
HAS ADOPTED THIS DECISION:

Article 1
1. For the purposes of contributing to the enhanced implementation of the EU WMD Non-proliferation Strategy, which is based on the principles of effective multilateralism, prevention and cooperation with third countries, the continued promotion and support of the European network of independent non-proliferation think tanks activities is hereby extended for 3 years to further the following objectives:
(a)
to encourage political and security-related dialogue and long-term discussion of measures to combat the proliferation of WMD and their delivery systems within civil societies, and more particularly among experts, researchers and academics;
(b)
to provide those participating in the relevant preparatory bodies of the Council with the opportunity to consult the network on issues related to non-proliferation and to enable the representatives of Member States to participate in the network’s meetings;
(c)
to constitute a useful stepping stone for non-proliferation action by the Union and the international community, in particular by providing reports and/or recommendations to the representatives of the High Representative of the Union for Foreign Affairs and Security Policy (HR);
(d)
to contribute to enhancing third countries’ awareness of proliferation challenges and of the need to work in cooperation with the Union and in the context of multilateral fora, in particular the United Nations, to prevent, deter, halt and where possible, eliminate proliferation programmes of worldwide concern;
(e)
to contribute to the development of expertise and institutional capacity in non-proliferation and disarmament matters in think tanks and governments in the Union and third countries.
2. In the light of the EU SALW Strategy, the scope of activities of the European network of independent non-proliferation think tanks shall not be limited to addressing questions related to the threats posed by the proliferation of WMD and their delivery systems, but shall also cover issues related to conventional weapons, including SALW. The inclusion of conventional weapons issues in the field of activity of the network will offer an outstanding tool for dialogue and recommendation on action of the Union in this area within the framework of the implementation of the EU SALW Strategy and the Union’s policy on conventional weapons.
3. In this context, the projects to be supported by the Union shall cover the following specific activities:
(a)
providing means for the organisation of three annual consultative meetings and up to seven ad-hoc seminars for experts and practitioners on the full range of non-proliferation and disarmament issues covering both unconventional and conventional arms, with a view to submitting reports and/or recommendations to the representatives of the HR;
(b)
setting up a Help-Desk Facility within the Consortium, to provide ad-hoc expertise on questions related to the full range of non-proliferation and disarmament issues covering both unconventional and conventional arms, for responses within a two-week time frame;
(c)
providing means for the holding of three major annual conferences with third countries and civil society on non-proliferation and disarmament to promote internationally the EU WMD Non-proliferation Strategy and the EU SALW Strategy, and the role, in this field, of Union institutions and think tanks in the Union, with a view to raising the visibility of Union policies in this area and submitting reports and/or recommendations to the representatives of the HR;
(d)
providing means for the management and development of an Internet platform to facilitate contacts and foster research dialogue among the network of think tanks analysing issues related to the prevention of proliferation of WMD and conventional weapons, including SALW, as well as for the education of a new generation of experts on non-proliferation and disarmament;
(e)
providing means to raise awareness and develop expertise and institutional capacity in the area of non-proliferation in think tanks and governments in the Union and third countries;
(f)
addressing topics proposed by Member States and the European External Action Service (EEAS) in the overall Consortium research activities.
A detailed description of the projects is set out in the Annex.

Article 2
1. The HR shall be responsible for the implementation of this Decision.
2. Technical implementation of the projects covering the activities referred to in Article 1(3) shall be carried out by the EU Non-Proliferation Consortium based on la Fondation pour la Recherche Stratégique (FRS), the Peace Research Institute Frankfurt (HSFK/ PRIF), the International Institute for Strategic Studies (IISS) and the Stockholm International Peace Research Institute (SIPRI). The Consortium shall perform this task under the responsibility of the HR. For this purpose, the HR shall enter into the necessary arrangements with the Consortium.
3. Member States and the EEAS shall propose priorities and topics of specific interest for assessment in the Consortium research programmes, to be addressed in working documents and seminars, in accordance with the policies of the Union.

Article 3
1. The financial reference amount for the implementation of the projects covering the activities referred to in Article 1(3) shall be EUR 3 600 000.
2. The expenditure financed by the amount set out in paragraph 1 shall be managed in accordance with the procedures and rules applicable to the general budget of the Union.
3. The Commission shall supervise the proper management of the expenditure referred to in paragraph 1. For this purpose, it shall conclude a financing agreement with the Consortium. The agreement shall stipulate that the Consortium is to ensure visibility of the Union’s contribution, appropriate to its size.
4. The Commission shall endeavour to conclude the financing agreement referred to in paragraph 3 as soon as possible after the entry into force of this Decision. It shall inform the Council of any difficulties in that process and of the date of conclusion of the agreement.

Article 4
1. The HR shall report to the Council on the implementation of this Decision on the basis of regular reports prepared by the Consortium. Those reports shall form the basis for the evaluation carried out by the Council.
2. The Commission shall report on the financial aspects of the projects referred to in Article 1(3).

Article 5
1. This Decision shall enter into force on the date of its adoption.
2. This Decision shall expire 36 months after the date of conclusion of the financing agreement referred to in Article 3(3).
However, it shall expire 6 months after its entry into force if that financing agreement has not been concluded by that time.

THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Articles 26(2) and 31(1) thereof,
(1) On 12 December 2003, the European Council adopted the EU Strategy against Proliferation of Weapons of Mass Destruction (hereinafter referred to as the ‘EU WMD Non-proliferation Strategy’), Chapter III of which contains a list of measures that need to be taken both within the Union and in third countries to combat such proliferation.
(2) The Union is actively implementing the EU WMD Non-proliferation Strategy and giving effect to the measures listed in Chapter III thereof, such as developing the necessary structures within the Union.
(3) On 8 December 2008, the Council adopted its conclusions and a document entitled ‘New lines for action by the European Union in combating the proliferation of weapons of mass destruction and their delivery systems’ (hereinafter referred to as the ‘New Lines for Action’) which states that proliferation of WMD continues to constitute one of the greatest security challenges and that non-proliferation policy constitutes an essential part of the Common Foreign and Security Policy (CFSP).
(4) In the New Lines for Action, the Council calls on competent Council formations and bodies, the Commission, other institutions, and Member States to give a concrete follow-up to that document.
(5) In the New Lines for Action, the Council underlines that action of the Union to prevent proliferation could benefit from the support provided by a non-governmental non-proliferation network, bringing together foreign policy institutions and research centres specialising in the Union’s strategic areas while building on useful networks which already exist. Such a network could be extended to institutions in third countries with which the Union is conducting specific dialogues in connection with non-proliferation.
(6) On 15 and 16 December 2005, the European Council adopted the EU Strategy to combat the illicit accumulation and trafficking of small arms and light weapons (SALW) and their ammunition (hereinafter referred to as the ‘EU SALW Strategy’) which sets the guidelines for the action of the Union in the field of SALW. The EU SALW Strategy considers that the illicit accumulation and trafficking of SALW and their ammunition pose a serious threat to international peace and security.
(7) The EU SALW Strategy identifies among its objectives the need to foster effective multilateralism so as to forge mechanisms, whether international, regional or within the Union and its Member States, for countering the supply and destabilising spread of SALW and their ammunition.
(8) On 26 July 2010, the Council adopted Decision 2010/430/CFSP(1)which established the European network of independent non-proliferation think tanks and provided that the technical implementation of that Decision is to be carried out by the EU Non-Proliferation Consortium (hereinafter referred to as the ‘Consortium’).
(9) The choice of the Consortium as sole beneficiary of a grant in this case is justified because of the will of the Union, as supported by the Member States, to continue a fruitful cooperation with a network of European think-tanks that is contributing to the creation of a common European culture on non-proliferation and disarmament, as well as helping the Union to develop and shape its policies in these areas and increase Union visibility. The very nature of the Consortium, which owes its existence to the Union and depends entirely on Union support, makes 100 % financing necessary in this case. The Consortium has no independent financial resources or legal authority to raise other funds. Moreover, the Consortium has established, beyond the four managing think tanks, a network bringing together more than 60 think tanks and research centres combining almost the entire non-governmental expertise in the Union.
(10) To date, the Consortium has organized two Union expert seminars, in Brussels in May 2011 and June 2013, and two major international non-proliferation conferences, in Brussels in February 2012 and September/October 2013, in addition to having 31 dedicated policy papers published on its website. The website was launched in Spring 2011 and has been regularly updated since then, including via the publication of a bi-monthly e-newsletter:nonproliferation.eu. More than 60 European independent think tanks have joined the Consortium network since its inception.
(11) By Council Decisions 2010/799/CFSP(2)and 2012/422/CFSP(3), the Consortium was entrusted with the organization of two seminars to promote confidence building and in support of a process aimed at establishing a zone free of WMD and means of delivery in the Middle East, which were held in Brussels in July 2011 and November 2012. Furthermore, by Council Decision 2013/43/CFSP(4), the Consortium was entrusted with the organization of two closed seminars in order to facilitate the successful completion of the negotiation of an Arms Trade Treaty at the March 2013 UN Conference,
HAS ADOPTED THIS DECISION:
1. For the purposes of contributing to the enhanced implementation of the EU WMD Non-proliferation Strategy, which is based on the principles of effective multilateralism, prevention and cooperation with third countries, the continued promotion and support of the European network of independent non-proliferation think tanks activities is hereby extended for 3 years to further the following objectives:
(a)
to encourage political and security-related dialogue and long-term discussion of measures to combat the proliferation of WMD and their delivery systems within civil societies, and more particularly among experts, researchers and academics;
(b)
to provide those participating in the relevant preparatory bodies of the Council with the opportunity to consult the network on issues related to non-proliferation and to enable the representatives of Member States to participate in the network’s meetings;
(c)
to constitute a useful stepping stone for non-proliferation action by the Union and the international community, in particular by providing reports and/or recommendations to the representatives of the High Representative of the Union for Foreign Affairs and Security Policy (HR);
(d)
to contribute to enhancing third countries’ awareness of proliferation challenges and of the need to work in cooperation with the Union and in the context of multilateral fora, in particular the United Nations, to prevent, deter, halt and where possible, eliminate proliferation programmes of worldwide concern;
(e)
to contribute to the development of expertise and institutional capacity in non-proliferation and disarmament matters in think tanks and governments in the Union and third countries.
2. In the light of the EU SALW Strategy, the scope of activities of the European network of independent non-proliferation think tanks shall not be limited to addressing questions related to the threats posed by the proliferation of WMD and their delivery systems, but shall also cover issues related to conventional weapons, including SALW. The inclusion of conventional weapons issues in the field of activity of the network will offer an outstanding tool for dialogue and recommendation on action of the Union in this area within the framework of the implementation of the EU SALW Strategy and the Union’s policy on conventional weapons.
3. In this context, the projects to be supported by the Union shall cover the following specific activities:
(a)
providing means for the organisation of three annual consultative meetings and up to seven ad-hoc seminars for experts and practitioners on the full range of non-proliferation and disarmament issues covering both unconventional and conventional arms, with a view to submitting reports and/or recommendations to the representatives of the HR;
(b)
setting up a Help-Desk Facility within the Consortium, to provide ad-hoc expertise on questions related to the full range of non-proliferation and disarmament issues covering both unconventional and conventional arms, for responses within a two-week time frame;
(c)
providing means for the holding of three major annual conferences with third countries and civil society on non-proliferation and disarmament to promote internationally the EU WMD Non-proliferation Strategy and the EU SALW Strategy, and the role, in this field, of Union institutions and think tanks in the Union, with a view to raising the visibility of Union policies in this area and submitting reports and/or recommendations to the representatives of the HR;
(d)
providing means for the management and development of an Internet platform to facilitate contacts and foster research dialogue among the network of think tanks analysing issues related to the prevention of proliferation of WMD and conventional weapons, including SALW, as well as for the education of a new generation of experts on non-proliferation and disarmament;
(e)
providing means to raise awareness and develop expertise and institutional capacity in the area of non-proliferation in think tanks and governments in the Union and third countries;
(f)
addressing topics proposed by Member States and the European External Action Service (EEAS) in the overall Consortium research activities.
A detailed description of the projects is set out in the Annex.
1. The HR shall be responsible for the implementation of this Decision.
2. Technical implementation of the projects covering the activities referred to in Article 1(3) shall be carried out by the EU Non-Proliferation Consortium based on la Fondation pour la Recherche Stratégique (FRS), the Peace Research Institute Frankfurt (HSFK/ PRIF), the International Institute for Strategic Studies (IISS) and the Stockholm International Peace Research Institute (SIPRI). The Consortium shall perform this task under the responsibility of the HR. For this purpose, the HR shall enter into the necessary arrangements with the Consortium.
3. Member States and the EEAS shall propose priorities and topics of specific interest for assessment in the Consortium research programmes, to be addressed in working documents and seminars, in accordance with the policies of the Union.
1. The financial reference amount for the implementation of the projects covering the activities referred to in Article 1(3) shall be EUR 3 600 000.
2. The expenditure financed by the amount set out in paragraph 1 shall be managed in accordance with the procedures and rules applicable to the general budget of the Union.
3. The Commission shall supervise the proper management of the expenditure referred to in paragraph 1. For this purpose, it shall conclude a financing agreement with the Consortium. The agreement shall stipulate that the Consortium is to ensure visibility of the Union’s contribution, appropriate to its size.
4. The Commission shall endeavour to conclude the financing agreement referred to in paragraph 3 as soon as possible after the entry into force of this Decision. It shall inform the Council of any difficulties in that process and of the date of conclusion of the agreement.
1. The HR shall report to the Council on the implementation of this Decision on the basis of regular reports prepared by the Consortium. Those reports shall form the basis for the evaluation carried out by the Council.
2. The Commission shall report on the financial aspects of the projects referred to in Article 1(3).
1. This Decision shall enter into force on the date of its adoption.
2. This Decision shall expire 36 months after the date of conclusion of the financing agreement referred to in Article 3(3).
However, it shall expire 6 months after its entry into force if that financing agreement has not been concluded by that time.

THE EUROPEAN NETWORK OF INDEPENDENT NON-PROLIFERATION THINK TANKS IN SUPPORT OF THE IMPLEMENTATION OF THE EU STRATEGY AGAINST PROLIFERATION OF WEAPONS OF MASS DESTRUCTION (EU WMD NON-PROLIFERATION STRATEGY)

ANNEX1. Objectives
The objective of this Decision is to confirm and further implement the policy recommendation, laid down by the Council on 8 December 2008 in a document entitled ‘New lines for action by the European Union in combating the proliferation of weapons of mass destruction and their delivery systems’. According to this document, the action of the Union to counter proliferation could benefit from the support provided by a non-governmental non-proliferation network, bringing together foreign policy institutions and research centres specialising in the Union’s strategic areas while building on useful networks which already exist. Such a network could be extended to institutions in third countries with which the Union is conducting specific dialogues in connection with non-proliferation.
This network of independent non-proliferation think tanks would continue to encourage political and security-related dialogue and the long-term discussion of measures to combat the proliferation of WMD and their delivery systems and the inter-related issues of disarmament within civil societies, and more particularly among experts, researchers and academics.
The work of the network is to be extended to issues related to conventional weapons, including SALW, including measures to ensure the continuous implementation of the EU Strategy to combat the illicit accumulation and trafficking of SALW and their ammunition. The network will help to develop new facets of the Union’s action to cover both the preventive and reactive dimensions of security issues related to conventional weapons, including the illicit trade and excessive accumulation of SALW and their ammunition, as foreseen by the relevant EU strategy. Preventing the illegal and unregulated trade of conventional weapons, including SALW, has also been recognised as a priority of the Union in the framework of the Arms Trade Treaty process.
The network could contribute to enhancing awareness of third countries of challenges related to WMD proliferation and conventional weapons, including the illicit trade and excessive accumulation of SALW and their ammunition, and of the need to work in cooperation with the Union and in the context of multilateral fora, in particular the United Nations, in order to prevent, deter, halt and where possible, eliminate proliferation programmes of concern worldwide and the illicit trade and excessive accumulation of SALW and their ammunition.
The Union wishes to support this network as follows:

— | through organising regular Union seminars and, as necessary, ad-hoc meetings for diplomats and academic experts on salient events and issues in the realm of WMD and SALW non-proliferation and disarmament with a view to submitting reports and/or recommendations to the representatives of the HR;
— | through organising major annual conferences and, as necessary, preparatory meetings with a view to submitting reports and/or recommendations to the representatives of the HR;
— | through further maintaining, managing and developing an internet platform and related social networks to facilitate contacts and foster research dialogue among the network of non-proliferation think tanks;
— | through facilitating competence and transfer of know-how on EU non-proliferation and disarmament policies across the Union and to third countries.2. Organisation of the network
The network is open to all relevant think tanks and research institutes from the Union and associated states and is fully respectful of the diversity of opinion within the Union.
The network will continue to facilitate contacts between non-governmental experts, Member States’ representatives and the institutions of the Union. The network will stand ready to engage with non-governmental actors from third countries in line with the EU WMD and SALW Strategies, which are based on the concepts of multilateralism and international cooperation. The network’s mandate covers non-proliferation of WMD, their delivery systems, disarmament, and issues related to conventional weapons, including SALW.
The participants in relevant preparatory bodies of the Council (CODUN/CONOP/COARM etc.) will be able to consult the network on issues related to non-proliferation and conventional weapons, including SALW, and its representatives may attend the network’s meetings. The network’s meetings may be organised back to back with the working group meetings, if feasible.
The network will continue to be led by the EU Non-Proliferation Consortium, which has been formed by FRS, HSFK/PRIF, IISS and SIPRI and which will be entrusted with the management of the project, in close cooperation with the representatives of the HR.
The Consortium, in consultation with the representatives of the HR and Member States, will invite participants who have expertise in non-proliferation and disarmament policies of WMD and conventional weapons to expert seminars and annual major conferences and to share their publications and activities on the dedicated website.
3. Description of the projects
3.1. Project 1: Organisation of three annual consultative meetings and up to seven ad hoc seminars for diplomats and academic experts with a report and/or recommendations
3.1.1. Purpose of the project
The objective of the annual consultative meetings and ad hoc seminars is to promote a security-related dialogue between Union experts, officials and academics, on current challenges in the fields of non-proliferation and disarmament of WMD, their delivery systems and conventional weapons, including SALW. The seminars should furthermore advance the cooperation within the European network of independent non-proliferation think tanks that are based in the Union Member States.
3.1.2. Results of the project

— | Exchange of information and analysis regarding current proliferation trends among policy practitioners and academic experts from the Member States, as well as specialized staff from the EEAS and institutions of the Union;
— | Discussion on the best ways and means to implement Union policies against proliferation;
— | Foster a European network of independent non-proliferation think tanks;
— | Provide constructive feedback to the Union on its strategies against the proliferation of WMD and SALW by independent Union think tanks, and suggestions from practitioners to the think-tanks on most policy-relevant topics for further research;
— | Identify relevant issues in the field of non-proliferation and disarmament for policy-oriented reports;
— | Produce policy-oriented reports together with a set of action-oriented recommendations to the representatives of the HR. These reports would be disseminated to the relevant institutions of the Union and the Member States.3.1.3. Description of the project
The project provides for the organisation of three annual consultative meetings and up to seven ad hoc expert seminars with the preparation of associated reports and/or recommendations.
The agenda of these events shall be prepared in close cooperation with the Council’s CFSP working groups in the fields of non-proliferation and disarmament (CODUN/CONOP/CODUN Space), of SALW and conventional arms transfers (COARM and COARM ATT). The seminars should address both short-term and mid-term challenges for the Union in the fields of non-proliferation and disarmament in the following weapon categories: WMD and their delivery vehicles, conventional weapons including SALW, and new types of weapons and delivery systems. They should provide especially an opportunity for Union decision-makers to focus on longer-range challenges and trends in the field of these weapons, and on other issues, which exceed their ordinary day-to-day business.
The annual consultative meetings shall last 1,5 days and foresee the participation of up to 100 individuals from Union think tanks, Member States and institutions of the Union, specialised in non-proliferation and conventional weapons issues, including SALW. These seminars should serve mainly a consultative purpose between the Union non-proliferation think tanks, the Union and its Member States.
The ad hoc seminars shall last up to 2 days and foresee the participation of up to 45 individuals, to be determined on a case-by-case basis. These seminars should serve notably a consultative purpose between the Union non-proliferation think tanks, the Union and its Member States, on an ad hoc basis, in order to address salient events and Union policy options, as well as provide an opportunity for the Union think tanks, the Member States and the institutions of the Union to outreach targeted audiences inside and outside the Union.
The annual consultative meetings should be held in Brussels while up to three ad hoc expert seminars could be held outside the Union.
3.2. Project 2: Organisation of an annual major conference with a report and/or recommendations
3.2.1. Purpose of the project
The annual major non-proliferation and disarmament conferences, with the participation of governmental experts and independent think tanks and other specialists from academia from the Union and associated states as well as third countries, will discuss and identify further measures to combat the proliferation of WMD and their delivery systems and inter-related disarmament objectives, as well as address challenges related to conventional weapons, including countering the illicit trade and excessive accumulation of SALW and their ammunition. As the flagship event of the project, the annual conference will enhance international attention of the EU WMD Non-proliferation Strategy and its implementation efforts by the institutions of the Union and the related work of independent think tanks and academic experts in Member States.
The annual conferences will also serve to foster the role and cohesion of European think tanks specialising in non-proliferation-related fields and will help to enhance capacity in these and other institutions, including in areas of the world without great depth of expertise in non-proliferation.
The annual conferences and any preparatory meetings will address non-proliferation-related issues of topical relevance to the work of the EEAS. Based on these discussions and other work overseen by the Consortium, policy-oriented reports will be produced together with a set of action-oriented recommendations to the representatives of the HR. The report would be disseminated to the relevant institutions of the Union and the Member States and made available online.
3.2.2. Results of the project

— | Establish a major European-led international non-proliferation and disarmament conference that would become the key venue for promoting strategic discussion of measures to combat the proliferation of WMD and their delivery systems and inter-related disarmament objectives to address challenges related to conventional weapons, including countering the illicit trade and excessive accumulation of SALW and their ammunition;
— | Increase the visibility and awareness of Union policies in the field of WMD and SALW non-proliferation and in the field of chemical, biological, radiological or nuclear (CBRN) action among the government officials, academia and civil society of third countries;
— | Promote the role and cohesion of the European network of independent non-proliferation think tanks and the Union’s role in this field, and build up non-proliferation expertise in countries where it is insufficient, including in third countries;
— | Submit policy-oriented reports and/or action-oriented recommendations that would enhance the implementation of the EU WMD and SALW Strategies and constitute a useful stepping stone for non-proliferation and conventional weapons-related action by the Union and the international community;
— | Increase the awareness and knowledge of the institutions of the Union, of Member States, civil society and third countries about threats related to WMD and their means of delivery, allowing them to improve anticipation.3.2.3. Description of the project
The project provides for the organisation of annual major conferences, with preparatory meetings as necessary, and the preparation of associated reports and/or recommendations:

— | A yearly conference of 1,5 days held in Brussels, with the participation of up to 300 experts from think tanks and academia and governments from the Union and associated states and third countries, specialised in non-proliferation, disarmament, arms control and conventional weapons issues, including SALW;
— | Attention to development of ‘next generation’ specialists including from countries outside Europe and North America, who will be invited to an extra day before or after the conference for specialised training and exposure to relevant EU institutions;
— | Policy-oriented reports and/or action-oriented recommendations that would boost the implementation of the EU WMD and SALW Strategies.3.3. Project 3: Setting up and management of a Help-Desk facility
3.3.1. Purpose of the project
The setting up and management of a Help-Desk Facility within the Consortium, to provide ad-hoc expertise to questions related to the full range of non-proliferation and disarmament issues, covering both unconventional and conventional arms, will inform and facilitate the shaping of EEAS policy action in relation to specific and urgent topics.
3.3.2. Results of the project

— | Manage ad-hoc research requests, with responses within a two-week time frame, on specific issues requested by the EEAS;
— | Promote ad-hoc topic-specific dialogue between the Consortium think tanks and the EEAS;
— | Allow the EEAS to build on the ad-hoc expertise and research-dedicated resources of the Consortium for short-time and occasional requests.3.3.3. Description of the project
The project will provide up to twenty 5-10 pages experts papers within a two week time frame, on current non-proliferation and disarmament issues requested by the EEAS, based on a review of existing academic literature (not original research).
3.4. Project 4: Management and development of an internet platform
3.4.1. Purpose of the project
The maintenance and the development of an internet website will facilitate inter-sessional contacts between the network meetings and foster research dialogue among the non-proliferation think tanks. The Union’s institutions and the Member States could also benefit from a dedicated website where network participants are free to exchange information, share their ideas and to publish their studies on non-proliferation of WMD and their means of delivery and conventional weapons issues, including SALW. The website will continue to be accompanied by an e-newsletter. The project will provide an online follow-up to the events and a window for European research. It will contribute to efficient dissemination of research results among the think tank community and governmental circles. This will lead to better anticipation and knowledge of threats linked to the proliferation of WMD and their means of delivery, and conventional weapons, including the illicit trade and excessive accumulation of SALW and their ammunition.
3.4.2. Results of the project

— | Manage a platform where non-proliferation think tanks can continuously share their independent views and analysis on WMD proliferation and conventional weapons issues, including SALW;
— | Expand, manage and update the existing network of independent think tanks;
— | Promote a better understanding of Union strategies against the proliferation of WMD and SALW within civil society and serve as an interface between the Union and the network of think tanks;
— | Allow the permanent free download of documents from the network’s meetings and from independent think tanks who may wish to share their research results without financial compensation;
— | Increase awareness and knowledge of the institutions of the Union, the Member States, civil society and third countries about threats related to conventional weapons, WMD and their means of delivery, allowing them to improve anticipation.3.4.3. Description of the project

— | The use of a social network-service type of technology, when feasible and appropriate, could be developed in order to allow active online communication and information exchange between the network participants in a familiar environment;
— | The Consortium, in charge of the project, will be responsible for web hosting, web design and technical maintenance of the website;
— | Union policies relating to WMD proliferation and conventional weapons issues, including SALW will be followed and supported by appropriate documentation on a regular basis;
— | Publications of the Consortium will be promoted and supported by specific historical records;
— | Conferences organised by the Consortium will be promoted and relayed on the website (background papers, agenda, presentations, video recording of open meeting when appropriate);
— | An e-newsletter will be published on a bi-monthly basis in order to cover non-proliferation institutional news within the Union and to follow the academic work of the network’s research centres;
— | Special reports will be published on a monthly basis on topical subjects relating to WMD proliferation and conventional weapons issues, including SALW.3.5. Project 5: Publications
3.5.1. Purpose of the project

— | To provide up to twenty policy papers on topics related to non-proliferation of WMD, their delivery systems, SALW, and disarmament;
— | To provide information and analysis that can feed a political and security related dialogue on measures to combat the proliferation of WMD and their delivery systems, primarily by experts, researchers and academics;
— | To provide a resource that the participants in the relevant preparatory bodies of the Council can use to inform their discussion of EU non-proliferation policy and practice;
— | To provide ideas, information and analysis that can assist in the development of non-proliferation actions at Union level.3.5.2. Results of the project

— | To enhance political and security related dialogue on measures to combat the proliferation of WMD and their delivery systems, primarily by experts, researchers and academics;
— | To increase the awareness, knowledge and understanding within civil societies and governments of issues related to EU non-proliferation and disarmament policies;
— | To provide political and/or operational policy options to the HR, the Union’s institutions and the Member States;
— | To feed ideas, information and analysis that can assist in the development of non-proliferation actions at Union level.3.5.3. Description of the project
The project provides for the preparation and publication of up to twenty policy papers. The policy papers will be prepared or commissioned by the Consortium and do not necessarily represent the views of the Union’s institutions or the Member States.
The policy papers will cover the topics under the mandate of the Consortium. Every paper will frame political and/or operational policy options.
The policy papers will use a format and style that makes them accessible to target audiences and user-friendly.
All policy papers will be published on the website of the Consortium.
3.6. Project 6: Education
3.6.1. Purpose of the project

— | To build capacity in the next generation of scholars and practitioners in non-proliferation policy and programming;
— | To enhance the in-depth knowledge of EU non-proliferation and disarmament policies across the Union and in third countries;
— | To build networks of young practitioners and academics at the regional levels where the Union has a strong interest in non-proliferation;
— | To renew and expand the expertise on WMD and SALW issues within the Union and in Partner Countries;
— | To provide the institutions of the Union, Member States and the EU non-proliferation network with fresh ideas and analysis on non-proliferation.3.6.2. Results of the project

— | Laying the foundations for the creation of an online education tool with an available model-curriculum on non-proliferation and disarmament issues to become operational 24 months after the starting of the contract;
— | Enhanced capacity in the next generation of scholars and practitioners in non-proliferation policy and programming;
— | Increased in-depth knowledge of EU non-proliferation and disarmament policies across the Union and in third countries;
— | The creation of networks of young practitioners and academics and the facilitation of practical cooperation;
— | Increased expertise on WMD and SALW non-proliferation and disarmament issues within the Union and in third countries;
— | Fresh input to Union institutions, Member States, Partner Countries and the EU non-proliferation network on non-proliferation.3.6.3. Description of the project
The project provides for internship organised by the Consortium for up to 48 graduate students or young diplomats, each for a period up to three months. The internship will combine lectures, discussion sessions, structured reading, and project integration based in at least two of the institutes of the Consortium. The curriculum will combine shorter modules in order to be as flexible as necessary. All students will be invited to the conferences and seminars organised by the Consortium.
The Project will ultimately aim at laying the foundations for the creation of an online education tool with an available model-curriculum on non-proliferation and disarmament issues. The online education tool shall cover the whole spectrum of conventional and non-conventional arms issues and be adaptable for different target audiences (young diplomats, journalists, graduate and postgraduate students, from within and outside of Europe). Depending on the sensitivity of the content, appropriate security clearances might be required. The online education tool should also allow the integration into university Master Programmes and have a typical length of 15 comprehensive lessons. This is the equivalent to a one-semester graduate course for credit and covers as well the requirements for other audiences.
4. Duration
The total estimated duration of the implementation of the projects is 36 months.
5. Beneficiaries
5.1. Direct beneficiaries
Proliferation of WMD by both states and non-state actors has been identified in the European Security Strategy and in the EU strategy against the proliferation of WMD as potentially the greatest threat to security of the Union. Similarly the EU strategy against the proliferation of SALW recognised that the illicit trade and excessive accumulation of SALW and their ammunition poses a serious threat to international peace and security. The suggested projects serve the purposes of the CFSP and contribute to meeting the strategic objectives laid down in the European Security Strategy.
5.2. Indirect beneficiaries
The indirect beneficiaries of the projects are:

(a) | independent think tanks and academics specialised in non-proliferation and conventional weapons issues, including SALW, from the Union and third countries;
(b) | institutions of the Union, including educational institutions, students and all other recipients of the online education tool;
(c) | Member States;
(d) | third countries.6. Third party participants
The projects will be financed in their entirety by this Decision. Experts from the network may be considered as third party participants. They will work in accordance with their standard rules.
7. Procedural aspects, coordination and the Steering Committee
The Steering Committee for this project will be composed of a representative of the HR and of the implementing entity referred to in paragraph 8 of this Annex. The Steering Committee will review the implementation of this Decision regularly, at least once every 6 months, including by the use of electronic means of communication.
8. Implementing entity
Technical implementation of this Decision will be entrusted to the Consortium, which will perform its task under the control of the HR. In carrying out its activities, the Consortium will cooperate with the HR, the Member States, other State Parties, and international organisations, as appropriate.

Pending: 32013D0801

January 15, 2026
24.12.2013 EN Official Journal of the European Union L 352/65
(1) Regulation (EC) No 58/2003 empowers the Commission to delegate powers to the executive agencies to implement all or part of a Union programme or project, on its behalf and under its responsibility.
(2) The purpose of entrusting the executive agencies with programme implementation tasks is to enable the Commission to focus on its core activities and functions which cannot be outsourced, without relinquishing control over, and ultimate responsibility for, activities managed by those executive agencies.
(3) The delegation of tasks related to programme implementation to an executive agency requires a clear separation between the programming stages involving a large measure of discretion in making choices driven by policy considerations, this being carried out by the Commission, and programme implementation, which should be entrusted to the executive agency.
(4) By Decision 2007/60/EC(2), the Commission created the Trans-European Transport Network Executive Agency and entrusted it with the management of Community actions in the field of the trans-European transport network.
(5) Subsequently, by Decision 2008/593/EC(3), the Commission extended the period of operation of the Trans-European Transport Network Executive Agency and redefined its objectives and tasks so that it became responsible also for the implementation of financial aid from the trans-European transport network budget under the 2007-2013 Multiannual Financial Framework.
(6) The Trans-European Transport Network Executive Agency has demonstrated to be a well-organised agency which performs its mandated tasks in an effective and efficient manner in compliance with the legal framework governing its activities. The interim evaluation of the agency has shown that it holds sound productivity indicators and performs its technical and financial management to the satisfaction of stakeholders. The agency has successfully contributed to the implementation of the trans-European transport network programme and has allowed the Commission to focus on and improve the management of its policy and institutional tasks. The interim evaluation has also shown that the agency is a more cost-efficient option for the management of the trans-European transport network programme, as compared to the Commission in-house management scenario. Savings resulting from the delegation of tasks to the agency have been estimated at some EUR 8,66 million over the period of years 2008 to 2015.
(7) In its Communication of 29 June 2011‘A budget for Europe 2020’(4), the Commission proposed to use the option of more extensive recourse to existing executive agencies for the implementation of Union programmes in the 2014-2020 Multiannual Financial Framework.
(8) The cost-benefit analysis carried out in accordance with Article 3(1) of Regulation (EC) No 58/2003 has shown that delegation to the Trans-European Transport Network Executive Agency of the management of parts of the Connecting Europe Facility programme in the fields of transport, energy and telecommunications(5), as well as parts of transport and energy research under the Horizon 2020 programme(6), would make it possible to implement such programmes efficiently at a lower cost than in the Commission. Such delegation of programme management to the agency is estimated to deliver efficiency gains in the order of EUR 54 million over the 2014-2020 Multiannual Financial Framework. The analysis has also shown that bringing together the management of infrastructure and research projects in the fields of transport and energy in the same agency would result in significant economies of scale and synergies between such activities. The extension of the agency’s mandate would allow the Commission and stakeholders to benefit from the agency’s expertise and high quality of programme management and service delivery. It would also ensure business continuity for the beneficiaries of the trans-European transport network programme and a high level of visibility of the Union as the promoter of the programmes managed by the agency. In addition, the analysis has also shown that for the trans-European transport network(7)and Marco Polo(8)programmes the return to an in-house management arrangement would be disruptive and result in efficiency losses.
(9) In order to give executive agencies a coherent identity, the Commission has, as far as possible, grouped work by thematic policy areas in establishing their new mandates.
(10) The new agency should hold an extended mandate covering the management of parts of the following programmes:—the new programme Connecting Europe Facility; the management of this programme involves implementation of technical projects which do not entail political decision-making and requires a high level of technical and financial expertise throughout the project cycle,—parts of Part III Societal Challenges of the Horizon 2020 Specific Programme; the management of this programme involves implementation of technical projects which do not entail political decision-making and requires a high level of technical and financial expertise throughout the project cycle,—the legacy of the trans-European transport network programme, which was already delegated to the Trans-European Transport Network Executive Agency under the 2000-2006 Multiannual Financial Framework (as of 2007) and the 2007-2013 Multiannual Financial Framework; the management of this programme involves implementation of technical projects which do not entail political decision-making and requires a high level of technical and financial expertise throughout the project cycle,—the legacy of the Marco Polo programme, which under the 2007-2013 Multiannual Financial Framework has been managed by the Executive Agency for Competitiveness and Innovation; the management of this programme involves implementation of technical projects which do not entail political decision-making and requires a high level of technical and financial expertise throughout the project cycle. — the new programme Connecting Europe Facility; the management of this programme involves implementation of technical projects which do not entail political decision-making and requires a high level of technical and financial expertise throughout the project cycle, — parts of Part III Societal Challenges of the Horizon 2020 Specific Programme; the management of this programme involves implementation of technical projects which do not entail political decision-making and requires a high level of technical and financial expertise throughout the project cycle, — the legacy of the trans-European transport network programme, which was already delegated to the Trans-European Transport Network Executive Agency under the 2000-2006 Multiannual Financial Framework (as of 2007) and the 2007-2013 Multiannual Financial Framework; the management of this programme involves implementation of technical projects which do not entail political decision-making and requires a high level of technical and financial expertise throughout the project cycle, — the legacy of the Marco Polo programme, which under the 2007-2013 Multiannual Financial Framework has been managed by the Executive Agency for Competitiveness and Innovation; the management of this programme involves implementation of technical projects which do not entail political decision-making and requires a high level of technical and financial expertise throughout the project cycle.
— the new programme Connecting Europe Facility; the management of this programme involves implementation of technical projects which do not entail political decision-making and requires a high level of technical and financial expertise throughout the project cycle,
— parts of Part III Societal Challenges of the Horizon 2020 Specific Programme; the management of this programme involves implementation of technical projects which do not entail political decision-making and requires a high level of technical and financial expertise throughout the project cycle,
— the legacy of the trans-European transport network programme, which was already delegated to the Trans-European Transport Network Executive Agency under the 2000-2006 Multiannual Financial Framework (as of 2007) and the 2007-2013 Multiannual Financial Framework; the management of this programme involves implementation of technical projects which do not entail political decision-making and requires a high level of technical and financial expertise throughout the project cycle,
— the legacy of the Marco Polo programme, which under the 2007-2013 Multiannual Financial Framework has been managed by the Executive Agency for Competitiveness and Innovation; the management of this programme involves implementation of technical projects which do not entail political decision-making and requires a high level of technical and financial expertise throughout the project cycle.
— the new programme Connecting Europe Facility; the management of this programme involves implementation of technical projects which do not entail political decision-making and requires a high level of technical and financial expertise throughout the project cycle,
— parts of Part III Societal Challenges of the Horizon 2020 Specific Programme; the management of this programme involves implementation of technical projects which do not entail political decision-making and requires a high level of technical and financial expertise throughout the project cycle,
— the legacy of the trans-European transport network programme, which was already delegated to the Trans-European Transport Network Executive Agency under the 2000-2006 Multiannual Financial Framework (as of 2007) and the 2007-2013 Multiannual Financial Framework; the management of this programme involves implementation of technical projects which do not entail political decision-making and requires a high level of technical and financial expertise throughout the project cycle,
— the legacy of the Marco Polo programme, which under the 2007-2013 Multiannual Financial Framework has been managed by the Executive Agency for Competitiveness and Innovation; the management of this programme involves implementation of technical projects which do not entail political decision-making and requires a high level of technical and financial expertise throughout the project cycle.
(11) In order to ensure a consistent implementation in time of this Decision and of the programmes concerned, it is necessary to ensure that the Agency shall exercise its tasks linked to the implementation of those programmes subject to and from the date on which those programmes enter into force.
(12) The Innovation and Networks Executive Agency should be established. It should replace and succeed the Trans-European Transport Network Executive Agency established by Decision 2007/60/EC as amended by Decision 2008/593/EC. It should operate in accordance with the general statute laid down by Regulation (EC) No 58/2003.
(13) Decision 2007/60/EC and Decision 2008/593/EC should therefore be repealed and transitional provisions should be set out.
(14) The measures provided for by this Decision are in accordance with the opinion of the Committee for Executive Agencies,
(a) Connecting Europe Facility;
(b) Part III Societal Challenges of the Horizon 2020 Specific Programme.
(a) trans-European transport network programme;
(b) Marco Polo programme.
(a) managing some stages of programme implementation and some phases in the lifetime of specific projects on the basis of the relevant work programmes adopted by the Commission, where the Commission has empowered it to do so in the instrument of delegation;
(b) adopting the instruments of budget execution for revenue and expenditure and carrying out all the operations necessary for the management of the programme, where the Commission has empowered it to do so in the instrument of delegation;
(c) providing support in programme implementation where the Commission has empowered it to do so in the instrument of delegation.
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 58/2003 of 19 December 2002 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes(1), and in particular Article 3 thereof,
(1) Regulation (EC) No 58/2003 empowers the Commission to delegate powers to the executive agencies to implement all or part of a Union programme or project, on its behalf and under its responsibility.
(2) The purpose of entrusting the executive agencies with programme implementation tasks is to enable the Commission to focus on its core activities and functions which cannot be outsourced, without relinquishing control over, and ultimate responsibility for, activities managed by those executive agencies.
(3) The delegation of tasks related to programme implementation to an executive agency requires a clear separation between the programming stages involving a large measure of discretion in making choices driven by policy considerations, this being carried out by the Commission, and programme implementation, which should be entrusted to the executive agency.
(4) By Decision 2007/60/EC(2), the Commission created the Trans-European Transport Network Executive Agency and entrusted it with the management of Community actions in the field of the trans-European transport network.
(5) Subsequently, by Decision 2008/593/EC(3), the Commission extended the period of operation of the Trans-European Transport Network Executive Agency and redefined its objectives and tasks so that it became responsible also for the implementation of financial aid from the trans-European transport network budget under the 2007-2013 Multiannual Financial Framework.
(6) The Trans-European Transport Network Executive Agency has demonstrated to be a well-organised agency which performs its mandated tasks in an effective and efficient manner in compliance with the legal framework governing its activities. The interim evaluation of the agency has shown that it holds sound productivity indicators and performs its technical and financial management to the satisfaction of stakeholders. The agency has successfully contributed to the implementation of the trans-European transport network programme and has allowed the Commission to focus on and improve the management of its policy and institutional tasks. The interim evaluation has also shown that the agency is a more cost-efficient option for the management of the trans-European transport network programme, as compared to the Commission in-house management scenario. Savings resulting from the delegation of tasks to the agency have been estimated at some EUR 8,66 million over the period of years 2008 to 2015.
(7) In its Communication of 29 June 2011‘A budget for Europe 2020’(4), the Commission proposed to use the option of more extensive recourse to existing executive agencies for the implementation of Union programmes in the 2014-2020 Multiannual Financial Framework.
(8) The cost-benefit analysis carried out in accordance with Article 3(1) of Regulation (EC) No 58/2003 has shown that delegation to the Trans-European Transport Network Executive Agency of the management of parts of the Connecting Europe Facility programme in the fields of transport, energy and telecommunications(5), as well as parts of transport and energy research under the Horizon 2020 programme(6), would make it possible to implement such programmes efficiently at a lower cost than in the Commission. Such delegation of programme management to the agency is estimated to deliver efficiency gains in the order of EUR 54 million over the 2014-2020 Multiannual Financial Framework. The analysis has also shown that bringing together the management of infrastructure and research projects in the fields of transport and energy in the same agency would result in significant economies of scale and synergies between such activities. The extension of the agency’s mandate would allow the Commission and stakeholders to benefit from the agency’s expertise and high quality of programme management and service delivery. It would also ensure business continuity for the beneficiaries of the trans-European transport network programme and a high level of visibility of the Union as the promoter of the programmes managed by the agency. In addition, the analysis has also shown that for the trans-European transport network(7)and Marco Polo(8)programmes the return to an in-house management arrangement would be disruptive and result in efficiency losses.
(9) In order to give executive agencies a coherent identity, the Commission has, as far as possible, grouped work by thematic policy areas in establishing their new mandates.
(10) The new agency should hold an extended mandate covering the management of parts of the following programmes:—the new programme Connecting Europe Facility; the management of this programme involves implementation of technical projects which do not entail political decision-making and requires a high level of technical and financial expertise throughout the project cycle,—parts of Part III Societal Challenges of the Horizon 2020 Specific Programme; the management of this programme involves implementation of technical projects which do not entail political decision-making and requires a high level of technical and financial expertise throughout the project cycle,—the legacy of the trans-European transport network programme, which was already delegated to the Trans-European Transport Network Executive Agency under the 2000-2006 Multiannual Financial Framework (as of 2007) and the 2007-2013 Multiannual Financial Framework; the management of this programme involves implementation of technical projects which do not entail political decision-making and requires a high level of technical and financial expertise throughout the project cycle,—the legacy of the Marco Polo programme, which under the 2007-2013 Multiannual Financial Framework has been managed by the Executive Agency for Competitiveness and Innovation; the management of this programme involves implementation of technical projects which do not entail political decision-making and requires a high level of technical and financial expertise throughout the project cycle.
(11) In order to ensure a consistent implementation in time of this Decision and of the programmes concerned, it is necessary to ensure that the Agency shall exercise its tasks linked to the implementation of those programmes subject to and from the date on which those programmes enter into force.
(12) The Innovation and Networks Executive Agency should be established. It should replace and succeed the Trans-European Transport Network Executive Agency established by Decision 2007/60/EC as amended by Decision 2008/593/EC. It should operate in accordance with the general statute laid down by Regulation (EC) No 58/2003.
(13) Decision 2007/60/EC and Decision 2008/593/EC should therefore be repealed and transitional provisions should be set out.
(14) The measures provided for by this Decision are in accordance with the opinion of the Committee for Executive Agencies,
HAS ADOPTED THIS DECISION:

Establishment
Article 1
The Innovation and Networks Executive Agency (hereinafter referred to as ‘the Agency’) is hereby established from 1 January 2014 until 31 December 2024.
The statute of the Agency shall be governed by Regulation (EC) No 58/2003.
The Agency shall replace and succeed the executive agency set up by Decision 2007/60/EC as amended by Decision 2008/593/EC.

Location
Article 2
The Agency shall be located in Brussels.

Objectives and tasks
Article 3
1. The Agency is hereby entrusted with the implementation of parts of the following Union programmes:
(a)
Connecting Europe Facility;
(b)
Part III Societal Challenges of the Horizon 2020 Specific Programme.
This paragraph shall apply subject to and as from the date of the entry into force of each of these programmes.
2. The Agency is hereby entrusted with the implementation of the legacy of the following programmes:
(a)
trans-European transport network programme;
(b)
Marco Polo programme.
3. The Agency shall be responsible for the following tasks related to the implementation of the parts of the Union programmes referred to in paragraphs 1 and 2:
(a)
managing some stages of programme implementation and some phases in the lifetime of specific projects on the basis of the relevant work programmes adopted by the Commission, where the Commission has empowered it to do so in the instrument of delegation;
(b)
adopting the instruments of budget execution for revenue and expenditure and carrying out all the operations necessary for the management of the programme, where the Commission has empowered it to do so in the instrument of delegation;
(c)
providing support in programme implementation where the Commission has empowered it to do so in the instrument of delegation.

Duration of the appointments
Article 4
1. The members of the Steering Committee shall be appointed for 2 years.
2. The Director shall be appointed for 5 years.

Supervision and reporting requirement
Article 5
The Agency shall be subject to supervision by the Commission and shall report regularly on progress in implementing the Union programmes or parts thereof for which it is responsible in accordance with the arrangements and at the intervals stipulated in the instrument of delegation.

Implementation of the operating budget
Article 6
The Agency shall implement its operating budget in accordance with the provisions of Commission Regulation (EC) No 1653/2004(9).

Repeal and transitional provisions
Article 7
1. Decision 2007/60/EC as amended by Decision 2008/593/EC is repealed with effect from 1 January 2014. References to the repealed Decision shall be construed as references to this Decision.
2. The Agency shall be considered the legal successor of the executive agency established by Decision 2007/60/EC as amended by Decision 2008/593/EC.
3. Without prejudice to Article 28(2), Article 29(2), Article 30 and Article 31(2) of Decision C(2013) 9235, this Decision shall not affect the rights and obligations of staff employed by the Agency, including its Director.

Entry into force
Article 8
This Decision shall enter into force on the day following that of its publication in theOfficial Journal of the European Union.
It shall apply from 1 January 2014.

THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 58/2003 of 19 December 2002 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes(1), and in particular Article 3 thereof,
(1) Regulation (EC) No 58/2003 empowers the Commission to delegate powers to the executive agencies to implement all or part of a Union programme or project, on its behalf and under its responsibility.
(2) The purpose of entrusting the executive agencies with programme implementation tasks is to enable the Commission to focus on its core activities and functions which cannot be outsourced, without relinquishing control over, and ultimate responsibility for, activities managed by those executive agencies.
(3) The delegation of tasks related to programme implementation to an executive agency requires a clear separation between the programming stages involving a large measure of discretion in making choices driven by policy considerations, this being carried out by the Commission, and programme implementation, which should be entrusted to the executive agency.
(4) By Decision 2007/60/EC(2), the Commission created the Trans-European Transport Network Executive Agency and entrusted it with the management of Community actions in the field of the trans-European transport network.
(5) Subsequently, by Decision 2008/593/EC(3), the Commission extended the period of operation of the Trans-European Transport Network Executive Agency and redefined its objectives and tasks so that it became responsible also for the implementation of financial aid from the trans-European transport network budget under the 2007-2013 Multiannual Financial Framework.
(6) The Trans-European Transport Network Executive Agency has demonstrated to be a well-organised agency which performs its mandated tasks in an effective and efficient manner in compliance with the legal framework governing its activities. The interim evaluation of the agency has shown that it holds sound productivity indicators and performs its technical and financial management to the satisfaction of stakeholders. The agency has successfully contributed to the implementation of the trans-European transport network programme and has allowed the Commission to focus on and improve the management of its policy and institutional tasks. The interim evaluation has also shown that the agency is a more cost-efficient option for the management of the trans-European transport network programme, as compared to the Commission in-house management scenario. Savings resulting from the delegation of tasks to the agency have been estimated at some EUR 8,66 million over the period of years 2008 to 2015.
(7) In its Communication of 29 June 2011‘A budget for Europe 2020’(4), the Commission proposed to use the option of more extensive recourse to existing executive agencies for the implementation of Union programmes in the 2014-2020 Multiannual Financial Framework.
(8) The cost-benefit analysis carried out in accordance with Article 3(1) of Regulation (EC) No 58/2003 has shown that delegation to the Trans-European Transport Network Executive Agency of the management of parts of the Connecting Europe Facility programme in the fields of transport, energy and telecommunications(5), as well as parts of transport and energy research under the Horizon 2020 programme(6), would make it possible to implement such programmes efficiently at a lower cost than in the Commission. Such delegation of programme management to the agency is estimated to deliver efficiency gains in the order of EUR 54 million over the 2014-2020 Multiannual Financial Framework. The analysis has also shown that bringing together the management of infrastructure and research projects in the fields of transport and energy in the same agency would result in significant economies of scale and synergies between such activities. The extension of the agency’s mandate would allow the Commission and stakeholders to benefit from the agency’s expertise and high quality of programme management and service delivery. It would also ensure business continuity for the beneficiaries of the trans-European transport network programme and a high level of visibility of the Union as the promoter of the programmes managed by the agency. In addition, the analysis has also shown that for the trans-European transport network(7)and Marco Polo(8)programmes the return to an in-house management arrangement would be disruptive and result in efficiency losses.
(9) In order to give executive agencies a coherent identity, the Commission has, as far as possible, grouped work by thematic policy areas in establishing their new mandates.
(10) The new agency should hold an extended mandate covering the management of parts of the following programmes:—the new programme Connecting Europe Facility; the management of this programme involves implementation of technical projects which do not entail political decision-making and requires a high level of technical and financial expertise throughout the project cycle,—parts of Part III Societal Challenges of the Horizon 2020 Specific Programme; the management of this programme involves implementation of technical projects which do not entail political decision-making and requires a high level of technical and financial expertise throughout the project cycle,—the legacy of the trans-European transport network programme, which was already delegated to the Trans-European Transport Network Executive Agency under the 2000-2006 Multiannual Financial Framework (as of 2007) and the 2007-2013 Multiannual Financial Framework; the management of this programme involves implementation of technical projects which do not entail political decision-making and requires a high level of technical and financial expertise throughout the project cycle,—the legacy of the Marco Polo programme, which under the 2007-2013 Multiannual Financial Framework has been managed by the Executive Agency for Competitiveness and Innovation; the management of this programme involves implementation of technical projects which do not entail political decision-making and requires a high level of technical and financial expertise throughout the project cycle.
(11) In order to ensure a consistent implementation in time of this Decision and of the programmes concerned, it is necessary to ensure that the Agency shall exercise its tasks linked to the implementation of those programmes subject to and from the date on which those programmes enter into force.
(12) The Innovation and Networks Executive Agency should be established. It should replace and succeed the Trans-European Transport Network Executive Agency established by Decision 2007/60/EC as amended by Decision 2008/593/EC. It should operate in accordance with the general statute laid down by Regulation (EC) No 58/2003.
(13) Decision 2007/60/EC and Decision 2008/593/EC should therefore be repealed and transitional provisions should be set out.
(14) The measures provided for by this Decision are in accordance with the opinion of the Committee for Executive Agencies,
HAS ADOPTED THIS DECISION:

Establishment

The Innovation and Networks Executive Agency (hereinafter referred to as ‘the Agency’) is hereby established from 1 January 2014 until 31 December 2024.
The statute of the Agency shall be governed by Regulation (EC) No 58/2003.
The Agency shall replace and succeed the executive agency set up by Decision 2007/60/EC as amended by Decision 2008/593/EC.

Location

The Agency shall be located in Brussels.

Objectives and tasks

1. The Agency is hereby entrusted with the implementation of parts of the following Union programmes:
(a)
Connecting Europe Facility;
(b)
Part III Societal Challenges of the Horizon 2020 Specific Programme.
This paragraph shall apply subject to and as from the date of the entry into force of each of these programmes.
2. The Agency is hereby entrusted with the implementation of the legacy of the following programmes:
(a)
trans-European transport network programme;
(b)
Marco Polo programme.
3. The Agency shall be responsible for the following tasks related to the implementation of the parts of the Union programmes referred to in paragraphs 1 and 2:
(a)
managing some stages of programme implementation and some phases in the lifetime of specific projects on the basis of the relevant work programmes adopted by the Commission, where the Commission has empowered it to do so in the instrument of delegation;
(b)
adopting the instruments of budget execution for revenue and expenditure and carrying out all the operations necessary for the management of the programme, where the Commission has empowered it to do so in the instrument of delegation;
(c)
providing support in programme implementation where the Commission has empowered it to do so in the instrument of delegation.

Duration of the appointments

1. The members of the Steering Committee shall be appointed for 2 years.
2. The Director shall be appointed for 5 years.

Supervision and reporting requirement

The Agency shall be subject to supervision by the Commission and shall report regularly on progress in implementing the Union programmes or parts thereof for which it is responsible in accordance with the arrangements and at the intervals stipulated in the instrument of delegation.

Implementation of the operating budget

The Agency shall implement its operating budget in accordance with the provisions of Commission Regulation (EC) No 1653/2004(9).

Repeal and transitional provisions

1. Decision 2007/60/EC as amended by Decision 2008/593/EC is repealed with effect from 1 January 2014. References to the repealed Decision shall be construed as references to this Decision.
2. The Agency shall be considered the legal successor of the executive agency established by Decision 2007/60/EC as amended by Decision 2008/593/EC.
3. Without prejudice to Article 28(2), Article 29(2), Article 30 and Article 31(2) of Decision C(2013) 9235, this Decision shall not affect the rights and obligations of staff employed by the Agency, including its Director.

Entry into force

This Decision shall enter into force on the day following that of its publication in theOfficial Journal of the European Union.
It shall apply from 1 January 2014.

Pending: 32013D0776

January 15, 2026
19.12.2013 EN Official Journal of the European Union L 343/46
(1) Regulation (EC) No 58/2003 empowers the Commission to delegate powers to the executive agencies to implement all or part of a Union programme or project, on its behalf and under its responsibility, in accordance with that Regulation.
(2) The purpose of entrusting the executive agencies with programme implementation tasks is to enable the Commission to focus on its core activities and functions which cannot be outsourced, without relinquishing control over, and ultimate responsibility for, activities managed by those executive agencies.
(3) The delegation of tasks related to programme implementation to an executive agency requires a clear separation between the programming stages involving a large measure of discretion in making choices driven by policy considerations, this being carried out by the Commission, and programme implementation, which should be entrusted to the executive agency.
(4) By Decision 2005/56/EC(2), the Commission created the Education, Audiovisual and Culture Executive Agency (hereinafter referred to as the Agency) and entrusted it with the management of Community actions in the field of education, audiovisual and culture.
(5) The Commission amended the Agency’s mandate on several occasions, extending it to cover the management of new projects and programmes in the field of education, audiovisual, citizenship and youth and subsequently replaced Decision 2005/56/EC by Commission Decision 2009/336/EC(3).
(6) In its Communication of 29 June 2011‘A budget for Europe 2020’(4), the Commission proposed to use the option of more extensive recourse to existing executive agencies for the implementation of Union programmes in the next multiannual financial framework.
(7) The Agency has demonstrated a high level technical and financial expertise in the management of Union programmes. Satisfaction surveys conducted as part of the first and second interim evaluations of EACEA (2009 and 2013) show that beneficiaries and other stakeholders believe that EACEA delivers a better quality of service as compared to previous arrangements (Technical Assistance Office). EACEA is able to attract and retain highly qualified personnel, which in turn provides staffing stability. The Agency continuously streamlines its internal operations to improve its efficiency and seeks to standardise approaches across programmes. It benefits from its status as a public body specifically created to manage programmes in the area of education, audiovisual and culture and this focus enhances the visibility of the EU programmes among stakeholders and the general public. The existence of a single entity managing a number of complementary programmes generates synergy effects in terms of visibility of EU action to the mutual benefit of all programmes. Theex-postcontrol error rates are low for EACEA and well below the limit of 2 %. The second interim evaluation notes a steady improvement in EACEA’s technical and financial expertise which in turn is reflected in a general improvement in the Agency’s performance as observed in its KPIs.
(8) In terms of the cost comparison with the ‘in-house option’, the cost-benefit analysis carried out in accordance with Article 3(1) of Regulation (EC) No 58/2003 found it would be more costly to manage the tasks at the Commission, by a margin of 23 % in net present value terms. The new programmes envisaged for delegation to EACEA are in line with the Agency’s current mandate and mission and represent a continuation of its existing activities. The Agency has built up competence, skills and capacity in the management of these programmes over several years. The new programmes would therefore benefit from EACEA’s accumulated experience and expertise in programme management, and resultant productivity gains. A shift to an in-house arrangement would be disruptive as most programmes have never been managed internally by the parent DGs, which lack the capacity to manage programmes in-house. Delegation of programme management to EACEA would thus ensure business continuity for programme beneficiaries and stakeholders. Delegation to EACEA will also continue to allow the Commission to better focus on its institutional tasks.
(9) In order to give executive agencies a coherent identity, the Commission has, as far as possible, grouped work by thematic policy area in establishing their new mandates.
(10) The Agency should be made responsible for implementing parts of the following new Union programmes and actions:—Erasmus+(5); (successor to Lifelong Learning Programme(6), Youth in Action(7)and Erasmus Mundus(8), among others),—Creative Europe(9); (successor to the Media(10)and Culture(11)programmes, among others),—Europe for Citizens(12)(successor to the Europe for Citizens programme(13)),—EU Aid Volunteers(14)(successor to pilot programme Preparatory action — European Voluntary Humanitarian Aid Corps),—projects in the field of higher education falling under external cooperation instruments(15)(successor to external cooperation instruments to 2013(16)),—projects in the field of higher education under the multiannual financial framework regarding the financing of EU cooperation for African, Caribbean and Pacific States and Overseas Countries and Territories for the 2014-2020 period (11th European Development Fund)(17). — Erasmus+(5); (successor to Lifelong Learning Programme(6), Youth in Action(7)and Erasmus Mundus(8), among others), — Creative Europe(9); (successor to the Media(10)and Culture(11)programmes, among others), — Europe for Citizens(12)(successor to the Europe for Citizens programme(13)), — EU Aid Volunteers(14)(successor to pilot programme Preparatory action — European Voluntary Humanitarian Aid Corps), — projects in the field of higher education falling under external cooperation instruments(15)(successor to external cooperation instruments to 2013(16)), — projects in the field of higher education under the multiannual financial framework regarding the financing of EU cooperation for African, Caribbean and Pacific States and Overseas Countries and Territories for the 2014-2020 period (11th European Development Fund)(17).
— Erasmus+(5); (successor to Lifelong Learning Programme(6), Youth in Action(7)and Erasmus Mundus(8), among others),
— Creative Europe(9); (successor to the Media(10)and Culture(11)programmes, among others),
— Europe for Citizens(12)(successor to the Europe for Citizens programme(13)),
— EU Aid Volunteers(14)(successor to pilot programme Preparatory action — European Voluntary Humanitarian Aid Corps),
— projects in the field of higher education falling under external cooperation instruments(15)(successor to external cooperation instruments to 2013(16)),
— projects in the field of higher education under the multiannual financial framework regarding the financing of EU cooperation for African, Caribbean and Pacific States and Overseas Countries and Territories for the 2014-2020 period (11th European Development Fund)(17).
— Erasmus+(5); (successor to Lifelong Learning Programme(6), Youth in Action(7)and Erasmus Mundus(8), among others),
— Creative Europe(9); (successor to the Media(10)and Culture(11)programmes, among others),
— Europe for Citizens(12)(successor to the Europe for Citizens programme(13)),
— EU Aid Volunteers(14)(successor to pilot programme Preparatory action — European Voluntary Humanitarian Aid Corps),
— projects in the field of higher education falling under external cooperation instruments(15)(successor to external cooperation instruments to 2013(16)),
— projects in the field of higher education under the multiannual financial framework regarding the financing of EU cooperation for African, Caribbean and Pacific States and Overseas Countries and Territories for the 2014-2020 period (11th European Development Fund)(17).
(11) The Agency should remain responsible for implementing the following existing Union programmes and actions:—projects in the field of higher education eligible for funding under the provisions on economic aid for certain countries of central and eastern Europe (Phare), as provided for in Council Regulation (EEC) No 3906/89(18),—the programme encouraging the development and distribution of European audiovisual works (MEDIA II — Development and distribution) (1996-2000), established by Council Decision 95/563/EC(19),—the training programme for professionals in the European audiovisual programme industry (MEDIA II — Training) (1996-2000), approved by Council Decision 95/564/EC(20),—the second phase of the Community action programme in the field of education, Socrates (2000-2006), approved by Decision No 253/2000/EC of the European Parliament and of the Council(21),—the second phase of the Community vocational training action programme ‘Leonardo da Vinci’ (2000-2006), approved by Council Decision 1999/382/EC(22),—the ‘Youth’ Community action programme (2000-2006), approved by Decision No 1031/2000/EC of the European Parliament and of the Council(23),—the ‘Culture 2000’ programme (2000-2006), approved by Decision No 508/2000/EC of the European Parliament and of the Council(24),—projects in the field of higher education eligible for funding under the provisions on assistance for the partner States of Eastern Europe and Central Asia (2000-2006), as provided for in Council Regulation (EC, Euratom) No 99/2000(25),—projects in the field of higher education eligible for funding under the provisions on assistance for Albania, Bosnia-Herzegovina, Croatia, the Former Yugoslav Republic of Macedonia, Montenegro, Serbia and Kosovo (UNSCR 1244) (2000-2006), approved under Council Regulation (EC) No 2666/2000(26),—projects in the field of higher education eligible for funding under the provisions on financial and technical measures to accompany the reform of economic and social structures in the framework of the euro-Mediterranean partnership (MEDA), approved under Council Regulation (EC) No 2698/2000(27),—the third phase of the trans-European cooperation scheme for higher education (Tempus III) (2000-2006), approved by Council Decision 1999/311/EC(28),—projects eligible for funding under the provisions of the Agreement between the European Community and the United States of America renewing a programme of cooperation in the field of higher education and vocational education and training (2001-2005), approved by Council Decision 2001/196/EC(29),—projects eligible for funding under the provisions of the Agreement between the European Community and the Government of Canada renewing a cooperation programme in the field of higher education and training (2001-2005), approved by Council Decision 2001/197/EC(30),—the programme to encourage the development of European audiovisual works (MEDIA Plus — Development, Distribution and Promotion) (2001-2006), approved by Council Decision 2000/821/EC(31),—the training programme for professionals of the European audiovisual programme industry (MEDIA — Training) (2001-2006), approved by Decision No 163/2001/EC of the European Parliament and of the Council(32),—the multiannual programme for the effective integration of information and communication technologies (ICT) in education and training systems in Europe (e-Learning) (2004-2006), approved by Decision No 2318/2003/EC of the European Parliament and of the Council(33),—the Community action programme to promote active European citizenship (civic participation) (2004-2006), approved by Council Decision 2004/100/EC(34),—the Community action programme to promote bodies active at European level in the field of youth (2004-2006), approved by Decision No 790/2004/EC of the European Parliament and of the Council(35),—the Community action programme to promote bodies active at European level and support specific activities in the field of education and training (2004-2006), approved by Decision No 791/2004/EC of the European Parliament and of the Council(36),—the Community action programme to promote bodies active at European level in the field of culture (2004-2006), approved by Decision No 792/2004/EC of the European Parliament and of the Council(37),—the programme for the enhancement of quality in higher education and the promotion of intercultural understanding through cooperation with third countries (Erasmus Mundus) (2004-2008), approved by Decision No 2317/2003/EC of the European Parliament and of the Council(38),—projects eligible for funding under the provisions of the Agreement between the European Community and the United States of America renewing the programme of cooperation in the field of higher education and vocational education and training (2006-2013), approved by Council Decision 2006/910/EC(39),—projects eligible for funding under the provisions of the Agreement between the European Community and the Government of Canada establishing a cooperation framework in the fields of higher education, training and youth (2006-2013), approved by Council Decision 2006/964/EC(40),—the action programme in the field of lifelong learning (2007-2013), approved by Decision No 1720/2006/EC of the European Parliament and of the Council(41),—the ‘Culture’ programme (2007-2013), approved by Decision No 1855/2006/EC of the European Parliament and of the Council(42),—the ‘Europe for Citizens’ programme to promote active European citizenship (2007-2013), approved by Decision No 1904/2006/EC of the European Parliament and of the Council(43),—the ‘Youth in Action’ programme (2007-2013), approved by Decision No 1719/2006/EC of the European Parliament and of the Council(44),—the support programme for the European audiovisual sector (MEDIA 2007) (2007-2013), approved by Decision No 1718/2006/EC of the European Parliament and of the Council(45),—the Erasmus Mundus (II) action programme 2009-2013 for the enhancement of quality in higher education and the promotion of intercultural understanding through cooperation with third countries, approved by Decision No 1298/2008/EC of the European Parliament and of the Council(46),—the audiovisual cooperation programme with professionals from third countries (MEDIA Mundus) (2011-2013), established by Decision No 1041/2009/EC of the European Parliament and of the Council(47),—projects in the field of higher education eligible for funding under the provisions on aid for economic cooperation with the developing countries in Asia, approved under Council Regulation (EEC) No 443/92(48),—projects in the fields of higher education and youth eligible for funding under the provisions of the Instrument for Pre-Accession Assistance (IPA), established by Council Regulation (EC) No 1085/2006(49),—projects in the field of primary, secondary and higher education and youth eligible for funding under the provisions of the European Neighbourhood and Partnership Instrument, created by Regulation (EC) No 1638/2006 of the European Parliament and of the Council(50),—projects in the field of higher education eligible for funding under the provisions of the financing instrument for development cooperation, established by Regulation (EC) No 1905/2006 of the European Parliament and of the Council(51),—projects in the field of higher education and youth eligible for funding under the provisions of the financing instrument for cooperation with industrialised and other high-income countries and territories, established by Council Regulation (EC) No 1934/2006(52),—projects in the field of higher education eligible for funding from the European Development Fund, pursuant to the Partnership Agreement between members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 (Council Decision 2003/159/EC(53)), as amended by the Agreement signed in Luxembourg on 25 June 2005 (Council Decision 2005/599/EC(54)). — projects in the field of higher education eligible for funding under the provisions on economic aid for certain countries of central and eastern Europe (Phare), as provided for in Council Regulation (EEC) No 3906/89(18), — the programme encouraging the development and distribution of European audiovisual works (MEDIA II — Development and distribution) (1996-2000), established by Council Decision 95/563/EC(19), — the training programme for professionals in the European audiovisual programme industry (MEDIA II — Training) (1996-2000), approved by Council Decision 95/564/EC(20), — the second phase of the Community action programme in the field of education, Socrates (2000-2006), approved by Decision No 253/2000/EC of the European Parliament and of the Council(21), — the second phase of the Community vocational training action programme ‘Leonardo da Vinci’ (2000-2006), approved by Council Decision 1999/382/EC(22), — the ‘Youth’ Community action programme (2000-2006), approved by Decision No 1031/2000/EC of the European Parliament and of the Council(23), — the ‘Culture 2000’ programme (2000-2006), approved by Decision No 508/2000/EC of the European Parliament and of the Council(24), — projects in the field of higher education eligible for funding under the provisions on assistance for the partner States of Eastern Europe and Central Asia (2000-2006), as provided for in Council Regulation (EC, Euratom) No 99/2000(25), — projects in the field of higher education eligible for funding under the provisions on assistance for Albania, Bosnia-Herzegovina, Croatia, the Former Yugoslav Republic of Macedonia, Montenegro, Serbia and Kosovo (UNSCR 1244) (2000-2006), approved under Council Regulation (EC) No 2666/2000(26), — projects in the field of higher education eligible for funding under the provisions on financial and technical measures to accompany the reform of economic and social structures in the framework of the euro-Mediterranean partnership (MEDA), approved under Council Regulation (EC) No 2698/2000(27), — the third phase of the trans-European cooperation scheme for higher education (Tempus III) (2000-2006), approved by Council Decision 1999/311/EC(28), — projects eligible for funding under the provisions of the Agreement between the European Community and the United States of America renewing a programme of cooperation in the field of higher education and vocational education and training (2001-2005), approved by Council Decision 2001/196/EC(29), — projects eligible for funding under the provisions of the Agreement between the European Community and the Government of Canada renewing a cooperation programme in the field of higher education and training (2001-2005), approved by Council Decision 2001/197/EC(30), — the programme to encourage the development of European audiovisual works (MEDIA Plus — Development, Distribution and Promotion) (2001-2006), approved by Council Decision 2000/821/EC(31), — the training programme for professionals of the European audiovisual programme industry (MEDIA — Training) (2001-2006), approved by Decision No 163/2001/EC of the European Parliament and of the Council(32), — the multiannual programme for the effective integration of information and communication technologies (ICT) in education and training systems in Europe (e-Learning) (2004-2006), approved by Decision No 2318/2003/EC of the European Parliament and of the Council(33), — the Community action programme to promote active European citizenship (civic participation) (2004-2006), approved by Council Decision 2004/100/EC(34), — the Community action programme to promote bodies active at European level in the field of youth (2004-2006), approved by Decision No 790/2004/EC of the European Parliament and of the Council(35), — the Community action programme to promote bodies active at European level and support specific activities in the field of education and training (2004-2006), approved by Decision No 791/2004/EC of the European Parliament and of the Council(36), — the Community action programme to promote bodies active at European level in the field of culture (2004-2006), approved by Decision No 792/2004/EC of the European Parliament and of the Council(37), — the programme for the enhancement of quality in higher education and the promotion of intercultural understanding through cooperation with third countries (Erasmus Mundus) (2004-2008), approved by Decision No 2317/2003/EC of the European Parliament and of the Council(38), — projects eligible for funding under the provisions of the Agreement between the European Community and the United States of America renewing the programme of cooperation in the field of higher education and vocational education and training (2006-2013), approved by Council Decision 2006/910/EC(39), — projects eligible for funding under the provisions of the Agreement between the European Community and the Government of Canada establishing a cooperation framework in the fields of higher education, training and youth (2006-2013), approved by Council Decision 2006/964/EC(40), — the action programme in the field of lifelong learning (2007-2013), approved by Decision No 1720/2006/EC of the European Parliament and of the Council(41), — the ‘Culture’ programme (2007-2013), approved by Decision No 1855/2006/EC of the European Parliament and of the Council(42), — the ‘Europe for Citizens’ programme to promote active European citizenship (2007-2013), approved by Decision No 1904/2006/EC of the European Parliament and of the Council(43), — the ‘Youth in Action’ programme (2007-2013), approved by Decision No 1719/2006/EC of the European Parliament and of the Council(44), — the support programme for the European audiovisual sector (MEDIA 2007) (2007-2013), approved by Decision No 1718/2006/EC of the European Parliament and of the Council(45), — the Erasmus Mundus (II) action programme 2009-2013 for the enhancement of quality in higher education and the promotion of intercultural understanding through cooperation with third countries, approved by Decision No 1298/2008/EC of the European Parliament and of the Council(46), — the audiovisual cooperation programme with professionals from third countries (MEDIA Mundus) (2011-2013), established by Decision No 1041/2009/EC of the European Parliament and of the Council(47), — projects in the field of higher education eligible for funding under the provisions on aid for economic cooperation with the developing countries in Asia, approved under Council Regulation (EEC) No 443/92(48), — projects in the fields of higher education and youth eligible for funding under the provisions of the Instrument for Pre-Accession Assistance (IPA), established by Council Regulation (EC) No 1085/2006(49), — projects in the field of primary, secondary and higher education and youth eligible for funding under the provisions of the European Neighbourhood and Partnership Instrument, created by Regulation (EC) No 1638/2006 of the European Parliament and of the Council(50), — projects in the field of higher education eligible for funding under the provisions of the financing instrument for development cooperation, established by Regulation (EC) No 1905/2006 of the European Parliament and of the Council(51), — projects in the field of higher education and youth eligible for funding under the provisions of the financing instrument for cooperation with industrialised and other high-income countries and territories, established by Council Regulation (EC) No 1934/2006(52), — projects in the field of higher education eligible for funding from the European Development Fund, pursuant to the Partnership Agreement between members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 (Council Decision 2003/159/EC(53)), as amended by the Agreement signed in Luxembourg on 25 June 2005 (Council Decision 2005/599/EC(54)).
— projects in the field of higher education eligible for funding under the provisions on economic aid for certain countries of central and eastern Europe (Phare), as provided for in Council Regulation (EEC) No 3906/89(18),
— the programme encouraging the development and distribution of European audiovisual works (MEDIA II — Development and distribution) (1996-2000), established by Council Decision 95/563/EC(19),
— the training programme for professionals in the European audiovisual programme industry (MEDIA II — Training) (1996-2000), approved by Council Decision 95/564/EC(20),
— the second phase of the Community action programme in the field of education, Socrates (2000-2006), approved by Decision No 253/2000/EC of the European Parliament and of the Council(21),
— the second phase of the Community vocational training action programme ‘Leonardo da Vinci’ (2000-2006), approved by Council Decision 1999/382/EC(22),
— the ‘Youth’ Community action programme (2000-2006), approved by Decision No 1031/2000/EC of the European Parliament and of the Council(23),
— the ‘Culture 2000’ programme (2000-2006), approved by Decision No 508/2000/EC of the European Parliament and of the Council(24),
— projects in the field of higher education eligible for funding under the provisions on assistance for the partner States of Eastern Europe and Central Asia (2000-2006), as provided for in Council Regulation (EC, Euratom) No 99/2000(25),
— projects in the field of higher education eligible for funding under the provisions on assistance for Albania, Bosnia-Herzegovina, Croatia, the Former Yugoslav Republic of Macedonia, Montenegro, Serbia and Kosovo (UNSCR 1244) (2000-2006), approved under Council Regulation (EC) No 2666/2000(26),
— projects in the field of higher education eligible for funding under the provisions on financial and technical measures to accompany the reform of economic and social structures in the framework of the euro-Mediterranean partnership (MEDA), approved under Council Regulation (EC) No 2698/2000(27),
— the third phase of the trans-European cooperation scheme for higher education (Tempus III) (2000-2006), approved by Council Decision 1999/311/EC(28),
— projects eligible for funding under the provisions of the Agreement between the European Community and the United States of America renewing a programme of cooperation in the field of higher education and vocational education and training (2001-2005), approved by Council Decision 2001/196/EC(29),
— projects eligible for funding under the provisions of the Agreement between the European Community and the Government of Canada renewing a cooperation programme in the field of higher education and training (2001-2005), approved by Council Decision 2001/197/EC(30),
— the programme to encourage the development of European audiovisual works (MEDIA Plus — Development, Distribution and Promotion) (2001-2006), approved by Council Decision 2000/821/EC(31),
— the training programme for professionals of the European audiovisual programme industry (MEDIA — Training) (2001-2006), approved by Decision No 163/2001/EC of the European Parliament and of the Council(32),
— the multiannual programme for the effective integration of information and communication technologies (ICT) in education and training systems in Europe (e-Learning) (2004-2006), approved by Decision No 2318/2003/EC of the European Parliament and of the Council(33),
— the Community action programme to promote active European citizenship (civic participation) (2004-2006), approved by Council Decision 2004/100/EC(34),
— the Community action programme to promote bodies active at European level in the field of youth (2004-2006), approved by Decision No 790/2004/EC of the European Parliament and of the Council(35),
— the Community action programme to promote bodies active at European level and support specific activities in the field of education and training (2004-2006), approved by Decision No 791/2004/EC of the European Parliament and of the Council(36),
— the Community action programme to promote bodies active at European level in the field of culture (2004-2006), approved by Decision No 792/2004/EC of the European Parliament and of the Council(37),
— the programme for the enhancement of quality in higher education and the promotion of intercultural understanding through cooperation with third countries (Erasmus Mundus) (2004-2008), approved by Decision No 2317/2003/EC of the European Parliament and of the Council(38),
— projects eligible for funding under the provisions of the Agreement between the European Community and the United States of America renewing the programme of cooperation in the field of higher education and vocational education and training (2006-2013), approved by Council Decision 2006/910/EC(39),
— projects eligible for funding under the provisions of the Agreement between the European Community and the Government of Canada establishing a cooperation framework in the fields of higher education, training and youth (2006-2013), approved by Council Decision 2006/964/EC(40),
— the action programme in the field of lifelong learning (2007-2013), approved by Decision No 1720/2006/EC of the European Parliament and of the Council(41),
— the ‘Culture’ programme (2007-2013), approved by Decision No 1855/2006/EC of the European Parliament and of the Council(42),
— the ‘Europe for Citizens’ programme to promote active European citizenship (2007-2013), approved by Decision No 1904/2006/EC of the European Parliament and of the Council(43),
— the ‘Youth in Action’ programme (2007-2013), approved by Decision No 1719/2006/EC of the European Parliament and of the Council(44),
— the support programme for the European audiovisual sector (MEDIA 2007) (2007-2013), approved by Decision No 1718/2006/EC of the European Parliament and of the Council(45),
— the Erasmus Mundus (II) action programme 2009-2013 for the enhancement of quality in higher education and the promotion of intercultural understanding through cooperation with third countries, approved by Decision No 1298/2008/EC of the European Parliament and of the Council(46),
— the audiovisual cooperation programme with professionals from third countries (MEDIA Mundus) (2011-2013), established by Decision No 1041/2009/EC of the European Parliament and of the Council(47),
— projects in the field of higher education eligible for funding under the provisions on aid for economic cooperation with the developing countries in Asia, approved under Council Regulation (EEC) No 443/92(48),
— projects in the fields of higher education and youth eligible for funding under the provisions of the Instrument for Pre-Accession Assistance (IPA), established by Council Regulation (EC) No 1085/2006(49),
— projects in the field of primary, secondary and higher education and youth eligible for funding under the provisions of the European Neighbourhood and Partnership Instrument, created by Regulation (EC) No 1638/2006 of the European Parliament and of the Council(50),
— projects in the field of higher education eligible for funding under the provisions of the financing instrument for development cooperation, established by Regulation (EC) No 1905/2006 of the European Parliament and of the Council(51),
— projects in the field of higher education and youth eligible for funding under the provisions of the financing instrument for cooperation with industrialised and other high-income countries and territories, established by Council Regulation (EC) No 1934/2006(52),
— projects in the field of higher education eligible for funding from the European Development Fund, pursuant to the Partnership Agreement between members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 (Council Decision 2003/159/EC(53)), as amended by the Agreement signed in Luxembourg on 25 June 2005 (Council Decision 2005/599/EC(54)).
— projects in the field of higher education eligible for funding under the provisions on economic aid for certain countries of central and eastern Europe (Phare), as provided for in Council Regulation (EEC) No 3906/89(18),
— the programme encouraging the development and distribution of European audiovisual works (MEDIA II — Development and distribution) (1996-2000), established by Council Decision 95/563/EC(19),
— the training programme for professionals in the European audiovisual programme industry (MEDIA II — Training) (1996-2000), approved by Council Decision 95/564/EC(20),
— the second phase of the Community action programme in the field of education, Socrates (2000-2006), approved by Decision No 253/2000/EC of the European Parliament and of the Council(21),
— the second phase of the Community vocational training action programme ‘Leonardo da Vinci’ (2000-2006), approved by Council Decision 1999/382/EC(22),
— the ‘Youth’ Community action programme (2000-2006), approved by Decision No 1031/2000/EC of the European Parliament and of the Council(23),
— the ‘Culture 2000’ programme (2000-2006), approved by Decision No 508/2000/EC of the European Parliament and of the Council(24),
— projects in the field of higher education eligible for funding under the provisions on assistance for the partner States of Eastern Europe and Central Asia (2000-2006), as provided for in Council Regulation (EC, Euratom) No 99/2000(25),
— projects in the field of higher education eligible for funding under the provisions on assistance for Albania, Bosnia-Herzegovina, Croatia, the Former Yugoslav Republic of Macedonia, Montenegro, Serbia and Kosovo (UNSCR 1244) (2000-2006), approved under Council Regulation (EC) No 2666/2000(26),
— projects in the field of higher education eligible for funding under the provisions on financial and technical measures to accompany the reform of economic and social structures in the framework of the euro-Mediterranean partnership (MEDA), approved under Council Regulation (EC) No 2698/2000(27),
— the third phase of the trans-European cooperation scheme for higher education (Tempus III) (2000-2006), approved by Council Decision 1999/311/EC(28),
— projects eligible for funding under the provisions of the Agreement between the European Community and the United States of America renewing a programme of cooperation in the field of higher education and vocational education and training (2001-2005), approved by Council Decision 2001/196/EC(29),
— projects eligible for funding under the provisions of the Agreement between the European Community and the Government of Canada renewing a cooperation programme in the field of higher education and training (2001-2005), approved by Council Decision 2001/197/EC(30),
— the programme to encourage the development of European audiovisual works (MEDIA Plus — Development, Distribution and Promotion) (2001-2006), approved by Council Decision 2000/821/EC(31),
— the training programme for professionals of the European audiovisual programme industry (MEDIA — Training) (2001-2006), approved by Decision No 163/2001/EC of the European Parliament and of the Council(32),
— the multiannual programme for the effective integration of information and communication technologies (ICT) in education and training systems in Europe (e-Learning) (2004-2006), approved by Decision No 2318/2003/EC of the European Parliament and of the Council(33),
— the Community action programme to promote active European citizenship (civic participation) (2004-2006), approved by Council Decision 2004/100/EC(34),
— the Community action programme to promote bodies active at European level in the field of youth (2004-2006), approved by Decision No 790/2004/EC of the European Parliament and of the Council(35),
— the Community action programme to promote bodies active at European level and support specific activities in the field of education and training (2004-2006), approved by Decision No 791/2004/EC of the European Parliament and of the Council(36),
— the Community action programme to promote bodies active at European level in the field of culture (2004-2006), approved by Decision No 792/2004/EC of the European Parliament and of the Council(37),
— the programme for the enhancement of quality in higher education and the promotion of intercultural understanding through cooperation with third countries (Erasmus Mundus) (2004-2008), approved by Decision No 2317/2003/EC of the European Parliament and of the Council(38),
— projects eligible for funding under the provisions of the Agreement between the European Community and the United States of America renewing the programme of cooperation in the field of higher education and vocational education and training (2006-2013), approved by Council Decision 2006/910/EC(39),
— projects eligible for funding under the provisions of the Agreement between the European Community and the Government of Canada establishing a cooperation framework in the fields of higher education, training and youth (2006-2013), approved by Council Decision 2006/964/EC(40),
— the action programme in the field of lifelong learning (2007-2013), approved by Decision No 1720/2006/EC of the European Parliament and of the Council(41),
— the ‘Culture’ programme (2007-2013), approved by Decision No 1855/2006/EC of the European Parliament and of the Council(42),
— the ‘Europe for Citizens’ programme to promote active European citizenship (2007-2013), approved by Decision No 1904/2006/EC of the European Parliament and of the Council(43),
— the ‘Youth in Action’ programme (2007-2013), approved by Decision No 1719/2006/EC of the European Parliament and of the Council(44),
— the support programme for the European audiovisual sector (MEDIA 2007) (2007-2013), approved by Decision No 1718/2006/EC of the European Parliament and of the Council(45),
— the Erasmus Mundus (II) action programme 2009-2013 for the enhancement of quality in higher education and the promotion of intercultural understanding through cooperation with third countries, approved by Decision No 1298/2008/EC of the European Parliament and of the Council(46),
— the audiovisual cooperation programme with professionals from third countries (MEDIA Mundus) (2011-2013), established by Decision No 1041/2009/EC of the European Parliament and of the Council(47),
— projects in the field of higher education eligible for funding under the provisions on aid for economic cooperation with the developing countries in Asia, approved under Council Regulation (EEC) No 443/92(48),
— projects in the fields of higher education and youth eligible for funding under the provisions of the Instrument for Pre-Accession Assistance (IPA), established by Council Regulation (EC) No 1085/2006(49),
— projects in the field of primary, secondary and higher education and youth eligible for funding under the provisions of the European Neighbourhood and Partnership Instrument, created by Regulation (EC) No 1638/2006 of the European Parliament and of the Council(50),
— projects in the field of higher education eligible for funding under the provisions of the financing instrument for development cooperation, established by Regulation (EC) No 1905/2006 of the European Parliament and of the Council(51),
— projects in the field of higher education and youth eligible for funding under the provisions of the financing instrument for cooperation with industrialised and other high-income countries and territories, established by Council Regulation (EC) No 1934/2006(52),
— projects in the field of higher education eligible for funding from the European Development Fund, pursuant to the Partnership Agreement between members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 (Council Decision 2003/159/EC(53)), as amended by the Agreement signed in Luxembourg on 25 June 2005 (Council Decision 2005/599/EC(54)).
(12) Management of those parts of these programmes and actions involves implementation of technical projects which do not entail political decision-making and requires a high level of technical and financial expertise throughout the project cycle.
(13) In order to ensure a consistent implementation in time of this Decision and of the programmes concerned, it is necessary to ensure that the Agency shall exercise its tasks linked to the implementation of those programmes subject to and from the date on which those programmes enter into force.
(14) The Education, Audiovisual and Culture Executive Agency should be established. It should replace and succeed the Education, Audiovisual and Culture Executive Agency established by Decision 2009/336/EC. It should operate in accordance with the general statute laid down by Regulation (EC) No 58/2003.
(15) Decision 2009/336/EC setting up the executive agency should be repealed and transitional provisions should be set out.
(16) The measures provided for by this Decision are in accordance with the opinion of the Committee for Executive Agencies,
(a) Erasmus+;
(b) The Creative Europe Programme;
(c) The programme ‘Europe for Citizens’;
(d) The European Voluntary Humanitarian Aid Corps — EU Aid Volunteers;
(e) Projects in the field of higher education under the following external cooperation instruments:—Regulation of the European Parliament and of the Council on the Instrument for Pre-accession Assistance (IPA II)(55),—Regulation of the European Parliament and of the Council establishing a European Neighbourhood Instrument(56),—Regulation of the European Parliament and of the Council establishing a financing instrument for development cooperation(57),—Regulation of the European Parliament and of the Council establishing a Partnership Instrument for cooperation with third countries(58),—Council Regulation on the implementation of the 11th European Development Fund(59). — Regulation of the European Parliament and of the Council on the Instrument for Pre-accession Assistance (IPA II)(55), — Regulation of the European Parliament and of the Council establishing a European Neighbourhood Instrument(56), — Regulation of the European Parliament and of the Council establishing a financing instrument for development cooperation(57), — Regulation of the European Parliament and of the Council establishing a Partnership Instrument for cooperation with third countries(58), — Council Regulation on the implementation of the 11th European Development Fund(59).
— Regulation of the European Parliament and of the Council on the Instrument for Pre-accession Assistance (IPA II)(55),
— Regulation of the European Parliament and of the Council establishing a European Neighbourhood Instrument(56),
— Regulation of the European Parliament and of the Council establishing a financing instrument for development cooperation(57),
— Regulation of the European Parliament and of the Council establishing a Partnership Instrument for cooperation with third countries(58),
— Council Regulation on the implementation of the 11th European Development Fund(59).
— Regulation of the European Parliament and of the Council on the Instrument for Pre-accession Assistance (IPA II)(55),
— Regulation of the European Parliament and of the Council establishing a European Neighbourhood Instrument(56),
— Regulation of the European Parliament and of the Council establishing a financing instrument for development cooperation(57),
— Regulation of the European Parliament and of the Council establishing a Partnership Instrument for cooperation with third countries(58),
— Council Regulation on the implementation of the 11th European Development Fund(59).
(a) projects in the field of higher education eligible for funding under the provisions on economic aid for certain countries of central and eastern Europe (Phare), as provided for in Regulation (EEC) No 3906/89;
(b) the programme encouraging the development and distribution of European audiovisual works (MEDIA II — Development and distribution) (1996-2000), established by Decision 95/563/EC;
(c) the training programme for professionals in the European audiovisual programme industry (MEDIA II — Training) (1996-2000), approved by Decision 95/564/EC;
(d) the second phase of the Community action programme in the field of education, Socrates (2000-2006), approved by Decision No 253/2000/EC;
(e) the second phase of the Community vocational training action programme ‘Leonardo da Vinci’ (2000-2006), approved by Decision 1999/382/EC;
(f) the ‘Youth’ Community action programme (2000-2006), approved by Decision No 1031/2000/EC;
(g) the ‘Culture 2000’ programme (2000-2006), approved by Decision No 508/2000/EC;
(h) projects in the field of higher education eligible for funding under the provisions on assistance for the partner States of Eastern Europe and Central Asia (2000-2006), as provided for in Regulation (EC, Euratom) No 99/2000;
(i) projects in the field of higher education eligible for funding under the provisions on assistance for Albania, Bosnia-Herzegovina, Croatia, the Former Yugoslav Republic of Macedonia, Montenegro, Serbia and Kosovo (UNSCR 1244) (2000-2006), approved under Regulation (EC) No 2666/2000;
(j) projects in the field of higher education eligible for funding under the provisions on financial and technical measures to accompany the reform of economic and social structures in the framework of the euro-Mediterranean partnership (MEDA), approved under Regulation (EC) No 2698/2000;
(k) the third phase of the trans-European cooperation scheme for higher education (Tempus III) (2000-2006), approved by Decision 1999/311/EC;
(l) projects eligible for funding under the provisions of the Agreement between the European Community and the United States of America renewing a programme of cooperation in the field of higher education and vocational education and training (2001-2005), approved by Decision 2001/196/EC;
(m) projects eligible for funding under the provisions of the Agreement between the European Community and the Government of Canada renewing a cooperation programme in the field of higher education and training (2001-2005), approved by Decision 2001/197/EC;
(n) the programme to encourage the development of European audiovisual works (MEDIA Plus — Development, Distribution and Promotion) (2001-2006), approved by Decision 2000/821/EC;
(o) the training programme for professionals of the European audiovisual programme industry (MEDIA — Training) (2001-2006), approved by Decision No 163/2001/EC;
(p) the multiannual programme for the effective integration of information and communication technologies (ICT) in education and training systems in Europe (e-Learning) (2004-2006), approved by Decision No 2318/2003/EC;
(q) the Community action programme to promote active European citizenship (civic participation) (2004-2006), approved by Decision 2004/100/EC;
(r) the Community action programme to promote bodies active at European level in the field of youth (2004-2006), approved by Decision No 790/2004/EC;
(s) the Community action programme to promote bodies active at European level and support specific activities in the field of education and training (2004-2006), approved by Decision No 791/2004/EC;
(t) the Community action programme to promote bodies active at European level in the field of culture (2004-2006), approved by Decision No 792/2004/EC;
(u) the programme for the enhancement of quality in higher education and the promotion of intercultural understanding through cooperation with third countries (Erasmus Mundus) (2004-2008), approved by Decision No 2317/2003/EC;
(v) projects eligible for funding under the provisions of the Agreement between the European Community and the United States of America renewing the programme of cooperation in the field of higher education and vocational education and training (2006-2013), approved by Decision 2006/910/EC;
(w) projects eligible for funding under the provisions of the Agreement between the European Community and the Government of Canada establishing a cooperation framework in the fields of higher education, training and youth (2006-2013), approved by Decision 2006/964/EC;
(x) the action programme in the field of lifelong learning (2007-2013), approved by Decision No 1720/2006/EC;
(y) the ‘Culture’ programme (2007-2013), approved by Decision No 1855/2006/EC;
(z) the ‘Europe for Citizens’ programme to promote active European citizenship (2007-2013), approved by Decision No 1904/2006/EC;
(aa) the ‘Youth in Action’ programme (2007-2013), approved by Decision No 1719/2006/EC;
(bb) the support programme for the European audiovisual sector (MEDIA 2007) (2007-2013), approved by Decision No 1718/2006/EC;
(cc) the Erasmus Mundus (II) action programme 2009-2013 for the enhancement of quality in higher education and the promotion of intercultural understanding through cooperation with third countries, approved by Decision No 1298/2008/EC;
(dd) the audiovisual cooperation programme with professionals from third countries (MEDIA Mundus) (2011-2013), established by Decision No 1041/2009/EC;
(ee) projects in the field of higher education eligible for funding under the provisions on aid for economic cooperation with the developing countries in Asia, approved under Regulation (EEC) No 443/92;
(ff) projects in the fields of higher education and youth eligible for funding under the provisions of the Instrument for Pre-Accession Assistance (IPA), established by Regulation (EC) No 1085/2006;
(gg) projects in the field of primary, secondary and higher education and youth eligible for funding under the provisions of the European Neighbourhood and Partnership Instrument, created by Regulation (EC) No 1638/2006;
(hh) projects in the field of higher education eligible for funding under the provisions of the financing instrument for development cooperation, established by Regulation (EC) No 1905/2006;
(ii) projects in the field of higher education and youth eligible for funding under the provisions of the financing instrument for cooperation with industrialised and other high-income countries and territories, established by Regulation (EC) No 1934/2006;
(jj) projects in the field of higher education eligible for funding from the European Development Fund, pursuant to the Partnership Agreement between members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 (Decision 2003/159/EC), as amended by the Agreement signed in Luxembourg on 25 June 2005 (Decision 2005/599/EC).
(a) managing all stages of programme implementation and all phases in the lifetime of specific projects on the basis of the relevant work programmes adopted by the Commission, where the Commission has empowered it to do so in the instrument of delegation;
(b) adopting the instruments of budget execution for revenue and expenditure and carrying out all the operations necessary for the management of the programme, where the Commission has empowered it to do so in the instrument of delegation;
(c) providing support in programme implementation where the Commission has empowered it to do so in the instrument of delegation, including support in dissemination activities, where relevant in cooperation with national agencies;
(d) the implementation, at Union level, of the network of information on education in Europe (Eurydice) and activities intended to improve understanding and knowledge of the field of youth;
(e) the implementation, at Union level, of activities intended to improve understanding and knowledge in the field of vocational education and training.
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 58/2003 of 19 December 2002 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes(1), and in particular Article 3 thereof,
(1) Regulation (EC) No 58/2003 empowers the Commission to delegate powers to the executive agencies to implement all or part of a Union programme or project, on its behalf and under its responsibility, in accordance with that Regulation.
(2) The purpose of entrusting the executive agencies with programme implementation tasks is to enable the Commission to focus on its core activities and functions which cannot be outsourced, without relinquishing control over, and ultimate responsibility for, activities managed by those executive agencies.
(3) The delegation of tasks related to programme implementation to an executive agency requires a clear separation between the programming stages involving a large measure of discretion in making choices driven by policy considerations, this being carried out by the Commission, and programme implementation, which should be entrusted to the executive agency.
(4) By Decision 2005/56/EC(2), the Commission created the Education, Audiovisual and Culture Executive Agency (hereinafter referred to as the Agency) and entrusted it with the management of Community actions in the field of education, audiovisual and culture.
(5) The Commission amended the Agency’s mandate on several occasions, extending it to cover the management of new projects and programmes in the field of education, audiovisual, citizenship and youth and subsequently replaced Decision 2005/56/EC by Commission Decision 2009/336/EC(3).
(6) In its Communication of 29 June 2011‘A budget for Europe 2020’(4), the Commission proposed to use the option of more extensive recourse to existing executive agencies for the implementation of Union programmes in the next multiannual financial framework.
(7) The Agency has demonstrated a high level technical and financial expertise in the management of Union programmes. Satisfaction surveys conducted as part of the first and second interim evaluations of EACEA (2009 and 2013) show that beneficiaries and other stakeholders believe that EACEA delivers a better quality of service as compared to previous arrangements (Technical Assistance Office). EACEA is able to attract and retain highly qualified personnel, which in turn provides staffing stability. The Agency continuously streamlines its internal operations to improve its efficiency and seeks to standardise approaches across programmes. It benefits from its status as a public body specifically created to manage programmes in the area of education, audiovisual and culture and this focus enhances the visibility of the EU programmes among stakeholders and the general public. The existence of a single entity managing a number of complementary programmes generates synergy effects in terms of visibility of EU action to the mutual benefit of all programmes. Theex-postcontrol error rates are low for EACEA and well below the limit of 2 %. The second interim evaluation notes a steady improvement in EACEA’s technical and financial expertise which in turn is reflected in a general improvement in the Agency’s performance as observed in its KPIs.
(8) In terms of the cost comparison with the ‘in-house option’, the cost-benefit analysis carried out in accordance with Article 3(1) of Regulation (EC) No 58/2003 found it would be more costly to manage the tasks at the Commission, by a margin of 23 % in net present value terms. The new programmes envisaged for delegation to EACEA are in line with the Agency’s current mandate and mission and represent a continuation of its existing activities. The Agency has built up competence, skills and capacity in the management of these programmes over several years. The new programmes would therefore benefit from EACEA’s accumulated experience and expertise in programme management, and resultant productivity gains. A shift to an in-house arrangement would be disruptive as most programmes have never been managed internally by the parent DGs, which lack the capacity to manage programmes in-house. Delegation of programme management to EACEA would thus ensure business continuity for programme beneficiaries and stakeholders. Delegation to EACEA will also continue to allow the Commission to better focus on its institutional tasks.
(9) In order to give executive agencies a coherent identity, the Commission has, as far as possible, grouped work by thematic policy area in establishing their new mandates.
(10) The Agency should be made responsible for implementing parts of the following new Union programmes and actions:—Erasmus+(5); (successor to Lifelong Learning Programme(6), Youth in Action(7)and Erasmus Mundus(8), among others),—Creative Europe(9); (successor to the Media(10)and Culture(11)programmes, among others),—Europe for Citizens(12)(successor to the Europe for Citizens programme(13)),—EU Aid Volunteers(14)(successor to pilot programme Preparatory action — European Voluntary Humanitarian Aid Corps),—projects in the field of higher education falling under external cooperation instruments(15)(successor to external cooperation instruments to 2013(16)),—projects in the field of higher education under the multiannual financial framework regarding the financing of EU cooperation for African, Caribbean and Pacific States and Overseas Countries and Territories for the 2014-2020 period (11th European Development Fund)(17).
(11) The Agency should remain responsible for implementing the following existing Union programmes and actions:—projects in the field of higher education eligible for funding under the provisions on economic aid for certain countries of central and eastern Europe (Phare), as provided for in Council Regulation (EEC) No 3906/89(18),—the programme encouraging the development and distribution of European audiovisual works (MEDIA II — Development and distribution) (1996-2000), established by Council Decision 95/563/EC(19),—the training programme for professionals in the European audiovisual programme industry (MEDIA II — Training) (1996-2000), approved by Council Decision 95/564/EC(20),—the second phase of the Community action programme in the field of education, Socrates (2000-2006), approved by Decision No 253/2000/EC of the European Parliament and of the Council(21),—the second phase of the Community vocational training action programme ‘Leonardo da Vinci’ (2000-2006), approved by Council Decision 1999/382/EC(22),—the ‘Youth’ Community action programme (2000-2006), approved by Decision No 1031/2000/EC of the European Parliament and of the Council(23),—the ‘Culture 2000’ programme (2000-2006), approved by Decision No 508/2000/EC of the European Parliament and of the Council(24),—projects in the field of higher education eligible for funding under the provisions on assistance for the partner States of Eastern Europe and Central Asia (2000-2006), as provided for in Council Regulation (EC, Euratom) No 99/2000(25),—projects in the field of higher education eligible for funding under the provisions on assistance for Albania, Bosnia-Herzegovina, Croatia, the Former Yugoslav Republic of Macedonia, Montenegro, Serbia and Kosovo (UNSCR 1244) (2000-2006), approved under Council Regulation (EC) No 2666/2000(26),—projects in the field of higher education eligible for funding under the provisions on financial and technical measures to accompany the reform of economic and social structures in the framework of the euro-Mediterranean partnership (MEDA), approved under Council Regulation (EC) No 2698/2000(27),—the third phase of the trans-European cooperation scheme for higher education (Tempus III) (2000-2006), approved by Council Decision 1999/311/EC(28),—projects eligible for funding under the provisions of the Agreement between the European Community and the United States of America renewing a programme of cooperation in the field of higher education and vocational education and training (2001-2005), approved by Council Decision 2001/196/EC(29),—projects eligible for funding under the provisions of the Agreement between the European Community and the Government of Canada renewing a cooperation programme in the field of higher education and training (2001-2005), approved by Council Decision 2001/197/EC(30),—the programme to encourage the development of European audiovisual works (MEDIA Plus — Development, Distribution and Promotion) (2001-2006), approved by Council Decision 2000/821/EC(31),—the training programme for professionals of the European audiovisual programme industry (MEDIA — Training) (2001-2006), approved by Decision No 163/2001/EC of the European Parliament and of the Council(32),—the multiannual programme for the effective integration of information and communication technologies (ICT) in education and training systems in Europe (e-Learning) (2004-2006), approved by Decision No 2318/2003/EC of the European Parliament and of the Council(33),—the Community action programme to promote active European citizenship (civic participation) (2004-2006), approved by Council Decision 2004/100/EC(34),—the Community action programme to promote bodies active at European level in the field of youth (2004-2006), approved by Decision No 790/2004/EC of the European Parliament and of the Council(35),—the Community action programme to promote bodies active at European level and support specific activities in the field of education and training (2004-2006), approved by Decision No 791/2004/EC of the European Parliament and of the Council(36),—the Community action programme to promote bodies active at European level in the field of culture (2004-2006), approved by Decision No 792/2004/EC of the European Parliament and of the Council(37),—the programme for the enhancement of quality in higher education and the promotion of intercultural understanding through cooperation with third countries (Erasmus Mundus) (2004-2008), approved by Decision No 2317/2003/EC of the European Parliament and of the Council(38),—projects eligible for funding under the provisions of the Agreement between the European Community and the United States of America renewing the programme of cooperation in the field of higher education and vocational education and training (2006-2013), approved by Council Decision 2006/910/EC(39),—projects eligible for funding under the provisions of the Agreement between the European Community and the Government of Canada establishing a cooperation framework in the fields of higher education, training and youth (2006-2013), approved by Council Decision 2006/964/EC(40),—the action programme in the field of lifelong learning (2007-2013), approved by Decision No 1720/2006/EC of the European Parliament and of the Council(41),—the ‘Culture’ programme (2007-2013), approved by Decision No 1855/2006/EC of the European Parliament and of the Council(42),—the ‘Europe for Citizens’ programme to promote active European citizenship (2007-2013), approved by Decision No 1904/2006/EC of the European Parliament and of the Council(43),—the ‘Youth in Action’ programme (2007-2013), approved by Decision No 1719/2006/EC of the European Parliament and of the Council(44),—the support programme for the European audiovisual sector (MEDIA 2007) (2007-2013), approved by Decision No 1718/2006/EC of the European Parliament and of the Council(45),—the Erasmus Mundus (II) action programme 2009-2013 for the enhancement of quality in higher education and the promotion of intercultural understanding through cooperation with third countries, approved by Decision No 1298/2008/EC of the European Parliament and of the Council(46),—the audiovisual cooperation programme with professionals from third countries (MEDIA Mundus) (2011-2013), established by Decision No 1041/2009/EC of the European Parliament and of the Council(47),—projects in the field of higher education eligible for funding under the provisions on aid for economic cooperation with the developing countries in Asia, approved under Council Regulation (EEC) No 443/92(48),—projects in the fields of higher education and youth eligible for funding under the provisions of the Instrument for Pre-Accession Assistance (IPA), established by Council Regulation (EC) No 1085/2006(49),—projects in the field of primary, secondary and higher education and youth eligible for funding under the provisions of the European Neighbourhood and Partnership Instrument, created by Regulation (EC) No 1638/2006 of the European Parliament and of the Council(50),—projects in the field of higher education eligible for funding under the provisions of the financing instrument for development cooperation, established by Regulation (EC) No 1905/2006 of the European Parliament and of the Council(51),—projects in the field of higher education and youth eligible for funding under the provisions of the financing instrument for cooperation with industrialised and other high-income countries and territories, established by Council Regulation (EC) No 1934/2006(52),—projects in the field of higher education eligible for funding from the European Development Fund, pursuant to the Partnership Agreement between members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 (Council Decision 2003/159/EC(53)), as amended by the Agreement signed in Luxembourg on 25 June 2005 (Council Decision 2005/599/EC(54)).
(12) Management of those parts of these programmes and actions involves implementation of technical projects which do not entail political decision-making and requires a high level of technical and financial expertise throughout the project cycle.
(13) In order to ensure a consistent implementation in time of this Decision and of the programmes concerned, it is necessary to ensure that the Agency shall exercise its tasks linked to the implementation of those programmes subject to and from the date on which those programmes enter into force.
(14) The Education, Audiovisual and Culture Executive Agency should be established. It should replace and succeed the Education, Audiovisual and Culture Executive Agency established by Decision 2009/336/EC. It should operate in accordance with the general statute laid down by Regulation (EC) No 58/2003.
(15) Decision 2009/336/EC setting up the executive agency should be repealed and transitional provisions should be set out.
(16) The measures provided for by this Decision are in accordance with the opinion of the Committee for Executive Agencies,
HAS ADOPTED THIS DECISION:

Establishment and term
Article 1
The Education, Audiovisual and Culture Executive Agency (hereinafter referred to as the Agency) is hereby established for a period from 1 January 2014 until 31 December 2024, its statute being governed by Regulation (EC) No 58/2003.

Location
Article 2
The Agency shall be located in Brussels.

Objectives and tasks
Article 3
1. The Agency is hereby entrusted with the implementation of certain parts of the following Union programmes:
(a)
Erasmus+;
(b)
The Creative Europe Programme;
(c)
The programme ‘Europe for Citizens’;
(d)
The European Voluntary Humanitarian Aid Corps — EU Aid Volunteers;
(e)
Projects in the field of higher education under the following external cooperation instruments:
—
Regulation of the European Parliament and of the Council on the Instrument for Pre-accession Assistance (IPA II)(55),
—
Regulation of the European Parliament and of the Council establishing a European Neighbourhood Instrument(56),
—
Regulation of the European Parliament and of the Council establishing a financing instrument for development cooperation(57),
—
Regulation of the European Parliament and of the Council establishing a Partnership Instrument for cooperation with third countries(58),
—
Council Regulation on the implementation of the 11th European Development Fund(59).
The first subparagraph shall apply subject to and as from the date of entry into force of each of these programmes.
2. The Agency is hereby entrusted with the implementation of the legacy of certain parts of the following Union programmes:
(a)
projects in the field of higher education eligible for funding under the provisions on economic aid for certain countries of central and eastern Europe (Phare), as provided for in Regulation (EEC) No 3906/89;
(b)
the programme encouraging the development and distribution of European audiovisual works (MEDIA II — Development and distribution) (1996-2000), established by Decision 95/563/EC;
(c)
the training programme for professionals in the European audiovisual programme industry (MEDIA II — Training) (1996-2000), approved by Decision 95/564/EC;
(d)
the second phase of the Community action programme in the field of education, Socrates (2000-2006), approved by Decision No 253/2000/EC;
(e)
the second phase of the Community vocational training action programme ‘Leonardo da Vinci’ (2000-2006), approved by Decision 1999/382/EC;
(f)
the ‘Youth’ Community action programme (2000-2006), approved by Decision No 1031/2000/EC;
(g)
the ‘Culture 2000’ programme (2000-2006), approved by Decision No 508/2000/EC;
(h)
projects in the field of higher education eligible for funding under the provisions on assistance for the partner States of Eastern Europe and Central Asia (2000-2006), as provided for in Regulation (EC, Euratom) No 99/2000;
(i)
projects in the field of higher education eligible for funding under the provisions on assistance for Albania, Bosnia-Herzegovina, Croatia, the Former Yugoslav Republic of Macedonia, Montenegro, Serbia and Kosovo (UNSCR 1244) (2000-2006), approved under Regulation (EC) No 2666/2000;
(j)
projects in the field of higher education eligible for funding under the provisions on financial and technical measures to accompany the reform of economic and social structures in the framework of the euro-Mediterranean partnership (MEDA), approved under Regulation (EC) No 2698/2000;
(k)
the third phase of the trans-European cooperation scheme for higher education (Tempus III) (2000-2006), approved by Decision 1999/311/EC;
(l)
projects eligible for funding under the provisions of the Agreement between the European Community and the United States of America renewing a programme of cooperation in the field of higher education and vocational education and training (2001-2005), approved by Decision 2001/196/EC;
(m)
projects eligible for funding under the provisions of the Agreement between the European Community and the Government of Canada renewing a cooperation programme in the field of higher education and training (2001-2005), approved by Decision 2001/197/EC;
(n)
the programme to encourage the development of European audiovisual works (MEDIA Plus — Development, Distribution and Promotion) (2001-2006), approved by Decision 2000/821/EC;
(o)
the training programme for professionals of the European audiovisual programme industry (MEDIA — Training) (2001-2006), approved by Decision No 163/2001/EC;
(p)
the multiannual programme for the effective integration of information and communication technologies (ICT) in education and training systems in Europe (e-Learning) (2004-2006), approved by Decision No 2318/2003/EC;
(q)
the Community action programme to promote active European citizenship (civic participation) (2004-2006), approved by Decision 2004/100/EC;
(r)
the Community action programme to promote bodies active at European level in the field of youth (2004-2006), approved by Decision No 790/2004/EC;
(s)
the Community action programme to promote bodies active at European level and support specific activities in the field of education and training (2004-2006), approved by Decision No 791/2004/EC;
(t)
the Community action programme to promote bodies active at European level in the field of culture (2004-2006), approved by Decision No 792/2004/EC;
(u)
the programme for the enhancement of quality in higher education and the promotion of intercultural understanding through cooperation with third countries (Erasmus Mundus) (2004-2008), approved by Decision No 2317/2003/EC;
(v)
projects eligible for funding under the provisions of the Agreement between the European Community and the United States of America renewing the programme of cooperation in the field of higher education and vocational education and training (2006-2013), approved by Decision 2006/910/EC;
(w)
projects eligible for funding under the provisions of the Agreement between the European Community and the Government of Canada establishing a cooperation framework in the fields of higher education, training and youth (2006-2013), approved by Decision 2006/964/EC;
(x)
the action programme in the field of lifelong learning (2007-2013), approved by Decision No 1720/2006/EC;
(y)
the ‘Culture’ programme (2007-2013), approved by Decision No 1855/2006/EC;
(z)
the ‘Europe for Citizens’ programme to promote active European citizenship (2007-2013), approved by Decision No 1904/2006/EC;
(aa)
the ‘Youth in Action’ programme (2007-2013), approved by Decision No 1719/2006/EC;
(bb)
the support programme for the European audiovisual sector (MEDIA 2007) (2007-2013), approved by Decision No 1718/2006/EC;
(cc)
the Erasmus Mundus (II) action programme 2009-2013 for the enhancement of quality in higher education and the promotion of intercultural understanding through cooperation with third countries, approved by Decision No 1298/2008/EC;
(dd)
the audiovisual cooperation programme with professionals from third countries (MEDIA Mundus) (2011-2013), established by Decision No 1041/2009/EC;
(ee)
projects in the field of higher education eligible for funding under the provisions on aid for economic cooperation with the developing countries in Asia, approved under Regulation (EEC) No 443/92;
(ff)
projects in the fields of higher education and youth eligible for funding under the provisions of the Instrument for Pre-Accession Assistance (IPA), established by Regulation (EC) No 1085/2006;
(gg)
projects in the field of primary, secondary and higher education and youth eligible for funding under the provisions of the European Neighbourhood and Partnership Instrument, created by Regulation (EC) No 1638/2006;
(hh)
projects in the field of higher education eligible for funding under the provisions of the financing instrument for development cooperation, established by Regulation (EC) No 1905/2006;
(ii)
projects in the field of higher education and youth eligible for funding under the provisions of the financing instrument for cooperation with industrialised and other high-income countries and territories, established by Regulation (EC) No 1934/2006;
(jj)
projects in the field of higher education eligible for funding from the European Development Fund, pursuant to the Partnership Agreement between members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 (Decision 2003/159/EC), as amended by the Agreement signed in Luxembourg on 25 June 2005 (Decision 2005/599/EC).
3. The Agency shall be responsible for the following tasks related to the implementation of the parts of the Union programmes referred to in paragraphs 1 and 2:
(a)
managing all stages of programme implementation and all phases in the lifetime of specific projects on the basis of the relevant work programmes adopted by the Commission, where the Commission has empowered it to do so in the instrument of delegation;
(b)
adopting the instruments of budget execution for revenue and expenditure and carrying out all the operations necessary for the management of the programme, where the Commission has empowered it to do so in the instrument of delegation;
(c)
providing support in programme implementation where the Commission has empowered it to do so in the instrument of delegation, including support in dissemination activities, where relevant in cooperation with national agencies;
(d)
the implementation, at Union level, of the network of information on education in Europe (Eurydice) and activities intended to improve understanding and knowledge of the field of youth;
(e)
the implementation, at Union level, of activities intended to improve understanding and knowledge in the field of vocational education and training.
4. The Agency may be responsible for the provision of administrative and logistical support services if provided in the instrument of delegation, for the benefit of the programme-implementing bodies and within the scope of the programmes referred to therein.

Duration of the appointments
Article 4
1. The members of the Steering Committee shall be appointed for two years.
2. The Director shall be appointed for four years.

Supervision and reporting requirement
Article 5
The Agency shall be subject to supervision by the Commission and shall report regularly on progress in implementing the Union programmes or parts thereof for which it is responsible in accordance with the arrangements and at the intervals stipulated in the instrument of delegation.

Implementation of the operating budget
Article 6
The Agency shall implement its operating budget in accordance with the provisions of Commission Regulation (EC) No 1653/2004(60).

Repeal and transitional provisions
Article 7
1. Decision 2009/336/EC is repealed with effect from 1 January 2014. References to the repealed Decision shall be construed as references to this Decision.
2. The Agency shall be considered the legal successor of the executive agency established by Decision 2009/336/EC.
3. Without prejudice to the revision of the grading of seconded officials foreseen by the instrument of delegation, this Decision shall not affect the rights and obligations of staff employed by the Agency, including its Director.

Entry into force
Article 8
This Decision shall enter into force on the day following that of its publication in theOfficial Journal of the European Union.
It shall apply from 1 January 2014.

THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Regulation (EC) No 58/2003 of 19 December 2002 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes(1), and in particular Article 3 thereof,
(1) Regulation (EC) No 58/2003 empowers the Commission to delegate powers to the executive agencies to implement all or part of a Union programme or project, on its behalf and under its responsibility, in accordance with that Regulation.
(2) The purpose of entrusting the executive agencies with programme implementation tasks is to enable the Commission to focus on its core activities and functions which cannot be outsourced, without relinquishing control over, and ultimate responsibility for, activities managed by those executive agencies.
(3) The delegation of tasks related to programme implementation to an executive agency requires a clear separation between the programming stages involving a large measure of discretion in making choices driven by policy considerations, this being carried out by the Commission, and programme implementation, which should be entrusted to the executive agency.
(4) By Decision 2005/56/EC(2), the Commission created the Education, Audiovisual and Culture Executive Agency (hereinafter referred to as the Agency) and entrusted it with the management of Community actions in the field of education, audiovisual and culture.
(5) The Commission amended the Agency’s mandate on several occasions, extending it to cover the management of new projects and programmes in the field of education, audiovisual, citizenship and youth and subsequently replaced Decision 2005/56/EC by Commission Decision 2009/336/EC(3).
(6) In its Communication of 29 June 2011‘A budget for Europe 2020’(4), the Commission proposed to use the option of more extensive recourse to existing executive agencies for the implementation of Union programmes in the next multiannual financial framework.
(7) The Agency has demonstrated a high level technical and financial expertise in the management of Union programmes. Satisfaction surveys conducted as part of the first and second interim evaluations of EACEA (2009 and 2013) show that beneficiaries and other stakeholders believe that EACEA delivers a better quality of service as compared to previous arrangements (Technical Assistance Office). EACEA is able to attract and retain highly qualified personnel, which in turn provides staffing stability. The Agency continuously streamlines its internal operations to improve its efficiency and seeks to standardise approaches across programmes. It benefits from its status as a public body specifically created to manage programmes in the area of education, audiovisual and culture and this focus enhances the visibility of the EU programmes among stakeholders and the general public. The existence of a single entity managing a number of complementary programmes generates synergy effects in terms of visibility of EU action to the mutual benefit of all programmes. Theex-postcontrol error rates are low for EACEA and well below the limit of 2 %. The second interim evaluation notes a steady improvement in EACEA’s technical and financial expertise which in turn is reflected in a general improvement in the Agency’s performance as observed in its KPIs.
(8) In terms of the cost comparison with the ‘in-house option’, the cost-benefit analysis carried out in accordance with Article 3(1) of Regulation (EC) No 58/2003 found it would be more costly to manage the tasks at the Commission, by a margin of 23 % in net present value terms. The new programmes envisaged for delegation to EACEA are in line with the Agency’s current mandate and mission and represent a continuation of its existing activities. The Agency has built up competence, skills and capacity in the management of these programmes over several years. The new programmes would therefore benefit from EACEA’s accumulated experience and expertise in programme management, and resultant productivity gains. A shift to an in-house arrangement would be disruptive as most programmes have never been managed internally by the parent DGs, which lack the capacity to manage programmes in-house. Delegation of programme management to EACEA would thus ensure business continuity for programme beneficiaries and stakeholders. Delegation to EACEA will also continue to allow the Commission to better focus on its institutional tasks.
(9) In order to give executive agencies a coherent identity, the Commission has, as far as possible, grouped work by thematic policy area in establishing their new mandates.
(10) The Agency should be made responsible for implementing parts of the following new Union programmes and actions:—Erasmus+(5); (successor to Lifelong Learning Programme(6), Youth in Action(7)and Erasmus Mundus(8), among others),—Creative Europe(9); (successor to the Media(10)and Culture(11)programmes, among others),—Europe for Citizens(12)(successor to the Europe for Citizens programme(13)),—EU Aid Volunteers(14)(successor to pilot programme Preparatory action — European Voluntary Humanitarian Aid Corps),—projects in the field of higher education falling under external cooperation instruments(15)(successor to external cooperation instruments to 2013(16)),—projects in the field of higher education under the multiannual financial framework regarding the financing of EU cooperation for African, Caribbean and Pacific States and Overseas Countries and Territories for the 2014-2020 period (11th European Development Fund)(17).
(11) The Agency should remain responsible for implementing the following existing Union programmes and actions:—projects in the field of higher education eligible for funding under the provisions on economic aid for certain countries of central and eastern Europe (Phare), as provided for in Council Regulation (EEC) No 3906/89(18),—the programme encouraging the development and distribution of European audiovisual works (MEDIA II — Development and distribution) (1996-2000), established by Council Decision 95/563/EC(19),—the training programme for professionals in the European audiovisual programme industry (MEDIA II — Training) (1996-2000), approved by Council Decision 95/564/EC(20),—the second phase of the Community action programme in the field of education, Socrates (2000-2006), approved by Decision No 253/2000/EC of the European Parliament and of the Council(21),—the second phase of the Community vocational training action programme ‘Leonardo da Vinci’ (2000-2006), approved by Council Decision 1999/382/EC(22),—the ‘Youth’ Community action programme (2000-2006), approved by Decision No 1031/2000/EC of the European Parliament and of the Council(23),—the ‘Culture 2000’ programme (2000-2006), approved by Decision No 508/2000/EC of the European Parliament and of the Council(24),—projects in the field of higher education eligible for funding under the provisions on assistance for the partner States of Eastern Europe and Central Asia (2000-2006), as provided for in Council Regulation (EC, Euratom) No 99/2000(25),—projects in the field of higher education eligible for funding under the provisions on assistance for Albania, Bosnia-Herzegovina, Croatia, the Former Yugoslav Republic of Macedonia, Montenegro, Serbia and Kosovo (UNSCR 1244) (2000-2006), approved under Council Regulation (EC) No 2666/2000(26),—projects in the field of higher education eligible for funding under the provisions on financial and technical measures to accompany the reform of economic and social structures in the framework of the euro-Mediterranean partnership (MEDA), approved under Council Regulation (EC) No 2698/2000(27),—the third phase of the trans-European cooperation scheme for higher education (Tempus III) (2000-2006), approved by Council Decision 1999/311/EC(28),—projects eligible for funding under the provisions of the Agreement between the European Community and the United States of America renewing a programme of cooperation in the field of higher education and vocational education and training (2001-2005), approved by Council Decision 2001/196/EC(29),—projects eligible for funding under the provisions of the Agreement between the European Community and the Government of Canada renewing a cooperation programme in the field of higher education and training (2001-2005), approved by Council Decision 2001/197/EC(30),—the programme to encourage the development of European audiovisual works (MEDIA Plus — Development, Distribution and Promotion) (2001-2006), approved by Council Decision 2000/821/EC(31),—the training programme for professionals of the European audiovisual programme industry (MEDIA — Training) (2001-2006), approved by Decision No 163/2001/EC of the European Parliament and of the Council(32),—the multiannual programme for the effective integration of information and communication technologies (ICT) in education and training systems in Europe (e-Learning) (2004-2006), approved by Decision No 2318/2003/EC of the European Parliament and of the Council(33),—the Community action programme to promote active European citizenship (civic participation) (2004-2006), approved by Council Decision 2004/100/EC(34),—the Community action programme to promote bodies active at European level in the field of youth (2004-2006), approved by Decision No 790/2004/EC of the European Parliament and of the Council(35),—the Community action programme to promote bodies active at European level and support specific activities in the field of education and training (2004-2006), approved by Decision No 791/2004/EC of the European Parliament and of the Council(36),—the Community action programme to promote bodies active at European level in the field of culture (2004-2006), approved by Decision No 792/2004/EC of the European Parliament and of the Council(37),—the programme for the enhancement of quality in higher education and the promotion of intercultural understanding through cooperation with third countries (Erasmus Mundus) (2004-2008), approved by Decision No 2317/2003/EC of the European Parliament and of the Council(38),—projects eligible for funding under the provisions of the Agreement between the European Community and the United States of America renewing the programme of cooperation in the field of higher education and vocational education and training (2006-2013), approved by Council Decision 2006/910/EC(39),—projects eligible for funding under the provisions of the Agreement between the European Community and the Government of Canada establishing a cooperation framework in the fields of higher education, training and youth (2006-2013), approved by Council Decision 2006/964/EC(40),—the action programme in the field of lifelong learning (2007-2013), approved by Decision No 1720/2006/EC of the European Parliament and of the Council(41),—the ‘Culture’ programme (2007-2013), approved by Decision No 1855/2006/EC of the European Parliament and of the Council(42),—the ‘Europe for Citizens’ programme to promote active European citizenship (2007-2013), approved by Decision No 1904/2006/EC of the European Parliament and of the Council(43),—the ‘Youth in Action’ programme (2007-2013), approved by Decision No 1719/2006/EC of the European Parliament and of the Council(44),—the support programme for the European audiovisual sector (MEDIA 2007) (2007-2013), approved by Decision No 1718/2006/EC of the European Parliament and of the Council(45),—the Erasmus Mundus (II) action programme 2009-2013 for the enhancement of quality in higher education and the promotion of intercultural understanding through cooperation with third countries, approved by Decision No 1298/2008/EC of the European Parliament and of the Council(46),—the audiovisual cooperation programme with professionals from third countries (MEDIA Mundus) (2011-2013), established by Decision No 1041/2009/EC of the European Parliament and of the Council(47),—projects in the field of higher education eligible for funding under the provisions on aid for economic cooperation with the developing countries in Asia, approved under Council Regulation (EEC) No 443/92(48),—projects in the fields of higher education and youth eligible for funding under the provisions of the Instrument for Pre-Accession Assistance (IPA), established by Council Regulation (EC) No 1085/2006(49),—projects in the field of primary, secondary and higher education and youth eligible for funding under the provisions of the European Neighbourhood and Partnership Instrument, created by Regulation (EC) No 1638/2006 of the European Parliament and of the Council(50),—projects in the field of higher education eligible for funding under the provisions of the financing instrument for development cooperation, established by Regulation (EC) No 1905/2006 of the European Parliament and of the Council(51),—projects in the field of higher education and youth eligible for funding under the provisions of the financing instrument for cooperation with industrialised and other high-income countries and territories, established by Council Regulation (EC) No 1934/2006(52),—projects in the field of higher education eligible for funding from the European Development Fund, pursuant to the Partnership Agreement between members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 (Council Decision 2003/159/EC(53)), as amended by the Agreement signed in Luxembourg on 25 June 2005 (Council Decision 2005/599/EC(54)).
(12) Management of those parts of these programmes and actions involves implementation of technical projects which do not entail political decision-making and requires a high level of technical and financial expertise throughout the project cycle.
(13) In order to ensure a consistent implementation in time of this Decision and of the programmes concerned, it is necessary to ensure that the Agency shall exercise its tasks linked to the implementation of those programmes subject to and from the date on which those programmes enter into force.
(14) The Education, Audiovisual and Culture Executive Agency should be established. It should replace and succeed the Education, Audiovisual and Culture Executive Agency established by Decision 2009/336/EC. It should operate in accordance with the general statute laid down by Regulation (EC) No 58/2003.
(15) Decision 2009/336/EC setting up the executive agency should be repealed and transitional provisions should be set out.
(16) The measures provided for by this Decision are in accordance with the opinion of the Committee for Executive Agencies,
HAS ADOPTED THIS DECISION:

Establishment and term

The Education, Audiovisual and Culture Executive Agency (hereinafter referred to as the Agency) is hereby established for a period from 1 January 2014 until 31 December 2024, its statute being governed by Regulation (EC) No 58/2003.

Location

The Agency shall be located in Brussels.

Objectives and tasks

1. The Agency is hereby entrusted with the implementation of certain parts of the following Union programmes:
(a)
Erasmus+;
(b)
The Creative Europe Programme;
(c)
The programme ‘Europe for Citizens’;
(d)
The European Voluntary Humanitarian Aid Corps — EU Aid Volunteers;
(e)
Projects in the field of higher education under the following external cooperation instruments:
—
Regulation of the European Parliament and of the Council on the Instrument for Pre-accession Assistance (IPA II)(55),
—
Regulation of the European Parliament and of the Council establishing a European Neighbourhood Instrument(56),
—
Regulation of the European Parliament and of the Council establishing a financing instrument for development cooperation(57),
—
Regulation of the European Parliament and of the Council establishing a Partnership Instrument for cooperation with third countries(58),
—
Council Regulation on the implementation of the 11th European Development Fund(59).
The first subparagraph shall apply subject to and as from the date of entry into force of each of these programmes.
2. The Agency is hereby entrusted with the implementation of the legacy of certain parts of the following Union programmes:
(a)
projects in the field of higher education eligible for funding under the provisions on economic aid for certain countries of central and eastern Europe (Phare), as provided for in Regulation (EEC) No 3906/89;
(b)
the programme encouraging the development and distribution of European audiovisual works (MEDIA II — Development and distribution) (1996-2000), established by Decision 95/563/EC;
(c)
the training programme for professionals in the European audiovisual programme industry (MEDIA II — Training) (1996-2000), approved by Decision 95/564/EC;
(d)
the second phase of the Community action programme in the field of education, Socrates (2000-2006), approved by Decision No 253/2000/EC;
(e)
the second phase of the Community vocational training action programme ‘Leonardo da Vinci’ (2000-2006), approved by Decision 1999/382/EC;
(f)
the ‘Youth’ Community action programme (2000-2006), approved by Decision No 1031/2000/EC;
(g)
the ‘Culture 2000’ programme (2000-2006), approved by Decision No 508/2000/EC;
(h)
projects in the field of higher education eligible for funding under the provisions on assistance for the partner States of Eastern Europe and Central Asia (2000-2006), as provided for in Regulation (EC, Euratom) No 99/2000;
(i)
projects in the field of higher education eligible for funding under the provisions on assistance for Albania, Bosnia-Herzegovina, Croatia, the Former Yugoslav Republic of Macedonia, Montenegro, Serbia and Kosovo (UNSCR 1244) (2000-2006), approved under Regulation (EC) No 2666/2000;
(j)
projects in the field of higher education eligible for funding under the provisions on financial and technical measures to accompany the reform of economic and social structures in the framework of the euro-Mediterranean partnership (MEDA), approved under Regulation (EC) No 2698/2000;
(k)
the third phase of the trans-European cooperation scheme for higher education (Tempus III) (2000-2006), approved by Decision 1999/311/EC;
(l)
projects eligible for funding under the provisions of the Agreement between the European Community and the United States of America renewing a programme of cooperation in the field of higher education and vocational education and training (2001-2005), approved by Decision 2001/196/EC;
(m)
projects eligible for funding under the provisions of the Agreement between the European Community and the Government of Canada renewing a cooperation programme in the field of higher education and training (2001-2005), approved by Decision 2001/197/EC;
(n)
the programme to encourage the development of European audiovisual works (MEDIA Plus — Development, Distribution and Promotion) (2001-2006), approved by Decision 2000/821/EC;
(o)
the training programme for professionals of the European audiovisual programme industry (MEDIA — Training) (2001-2006), approved by Decision No 163/2001/EC;
(p)
the multiannual programme for the effective integration of information and communication technologies (ICT) in education and training systems in Europe (e-Learning) (2004-2006), approved by Decision No 2318/2003/EC;
(q)
the Community action programme to promote active European citizenship (civic participation) (2004-2006), approved by Decision 2004/100/EC;
(r)
the Community action programme to promote bodies active at European level in the field of youth (2004-2006), approved by Decision No 790/2004/EC;
(s)
the Community action programme to promote bodies active at European level and support specific activities in the field of education and training (2004-2006), approved by Decision No 791/2004/EC;
(t)
the Community action programme to promote bodies active at European level in the field of culture (2004-2006), approved by Decision No 792/2004/EC;
(u)
the programme for the enhancement of quality in higher education and the promotion of intercultural understanding through cooperation with third countries (Erasmus Mundus) (2004-2008), approved by Decision No 2317/2003/EC;
(v)
projects eligible for funding under the provisions of the Agreement between the European Community and the United States of America renewing the programme of cooperation in the field of higher education and vocational education and training (2006-2013), approved by Decision 2006/910/EC;
(w)
projects eligible for funding under the provisions of the Agreement between the European Community and the Government of Canada establishing a cooperation framework in the fields of higher education, training and youth (2006-2013), approved by Decision 2006/964/EC;
(x)
the action programme in the field of lifelong learning (2007-2013), approved by Decision No 1720/2006/EC;
(y)
the ‘Culture’ programme (2007-2013), approved by Decision No 1855/2006/EC;
(z)
the ‘Europe for Citizens’ programme to promote active European citizenship (2007-2013), approved by Decision No 1904/2006/EC;
(aa)
the ‘Youth in Action’ programme (2007-2013), approved by Decision No 1719/2006/EC;
(bb)
the support programme for the European audiovisual sector (MEDIA 2007) (2007-2013), approved by Decision No 1718/2006/EC;
(cc)
the Erasmus Mundus (II) action programme 2009-2013 for the enhancement of quality in higher education and the promotion of intercultural understanding through cooperation with third countries, approved by Decision No 1298/2008/EC;
(dd)
the audiovisual cooperation programme with professionals from third countries (MEDIA Mundus) (2011-2013), established by Decision No 1041/2009/EC;
(ee)
projects in the field of higher education eligible for funding under the provisions on aid for economic cooperation with the developing countries in Asia, approved under Regulation (EEC) No 443/92;
(ff)
projects in the fields of higher education and youth eligible for funding under the provisions of the Instrument for Pre-Accession Assistance (IPA), established by Regulation (EC) No 1085/2006;
(gg)
projects in the field of primary, secondary and higher education and youth eligible for funding under the provisions of the European Neighbourhood and Partnership Instrument, created by Regulation (EC) No 1638/2006;
(hh)
projects in the field of higher education eligible for funding under the provisions of the financing instrument for development cooperation, established by Regulation (EC) No 1905/2006;
(ii)
projects in the field of higher education and youth eligible for funding under the provisions of the financing instrument for cooperation with industrialised and other high-income countries and territories, established by Regulation (EC) No 1934/2006;
(jj)
projects in the field of higher education eligible for funding from the European Development Fund, pursuant to the Partnership Agreement between members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 (Decision 2003/159/EC), as amended by the Agreement signed in Luxembourg on 25 June 2005 (Decision 2005/599/EC).
3. The Agency shall be responsible for the following tasks related to the implementation of the parts of the Union programmes referred to in paragraphs 1 and 2:
(a)
managing all stages of programme implementation and all phases in the lifetime of specific projects on the basis of the relevant work programmes adopted by the Commission, where the Commission has empowered it to do so in the instrument of delegation;
(b)
adopting the instruments of budget execution for revenue and expenditure and carrying out all the operations necessary for the management of the programme, where the Commission has empowered it to do so in the instrument of delegation;
(c)
providing support in programme implementation where the Commission has empowered it to do so in the instrument of delegation, including support in dissemination activities, where relevant in cooperation with national agencies;
(d)
the implementation, at Union level, of the network of information on education in Europe (Eurydice) and activities intended to improve understanding and knowledge of the field of youth;
(e)
the implementation, at Union level, of activities intended to improve understanding and knowledge in the field of vocational education and training.
4. The Agency may be responsible for the provision of administrative and logistical support services if provided in the instrument of delegation, for the benefit of the programme-implementing bodies and within the scope of the programmes referred to therein.

Duration of the appointments

1. The members of the Steering Committee shall be appointed for two years.
2. The Director shall be appointed for four years.

Supervision and reporting requirement

The Agency shall be subject to supervision by the Commission and shall report regularly on progress in implementing the Union programmes or parts thereof for which it is responsible in accordance with the arrangements and at the intervals stipulated in the instrument of delegation.

Implementation of the operating budget

The Agency shall implement its operating budget in accordance with the provisions of Commission Regulation (EC) No 1653/2004(60).

Repeal and transitional provisions

1. Decision 2009/336/EC is repealed with effect from 1 January 2014. References to the repealed Decision shall be construed as references to this Decision.
2. The Agency shall be considered the legal successor of the executive agency established by Decision 2009/336/EC.
3. Without prejudice to the revision of the grading of seconded officials foreseen by the instrument of delegation, this Decision shall not affect the rights and obligations of staff employed by the Agency, including its Director.

Entry into force

This Decision shall enter into force on the day following that of its publication in theOfficial Journal of the European Union.
It shall apply from 1 January 2014.

Pending: 32013D0764

January 15, 2026
17.12.2013 EN Official Journal of the European Union L 338/102
(1) Council Directive 2001/89/EC(3)introduces minimum Union measures for the control of classical swine fever, including the measures to be taken in the event of an outbreak of that disease. Those measures include plans by Member States for the eradication of classical swine fever from a feral pig population and the emergency vaccination of feral pigs under certain conditions.
(2) The measures provided for in Directive 2001/89/EC have been implemented by Commission Decision 2008/855/EC(4)that was adopted in response to the occurrence of classical swine fever in certain Member States. That Decision establishes disease control measures concerning classical swine fever in areas of those Member States where that disease is present in feral pigs in order to prevent the spread of the disease to other areas of the Union. The Member States or areas thereof concerned by those measures are set out in the Annex to that Decision.
(3) Decision 2008/855/EC has been amended several times in response to the evolving classical swine fever epidemiological situation in the Union. In recent years the disease situation has improved significantly in the Union and now few areas with specific problems related to specific common risks for classical swine fever can be identified.
(4) It is appropriate that one list sets out the areas of the Member States where the epidemiological situation of classical swine fever is generally favourable in pig holdings and the situation is also improving in the feral pig population.
(5) In terms of risk and as a general rule, since the movement of live pigs and their semen, ova and embryos from infected areas or areas with an uncertain epidemiological situation poses higher risks than the movement of fresh pigmeat, and meat preparations and meat products consisting of, or containing meat of pigs, movement of live pigs and their semen, ova and embryos from the listed areas should be prohibited. However, it is appropriate to provide for the conditions under which, by way of derogation, live pigs could be dispatched to slaughterhouses or to holdings located outside the listed areas in the same Member State.
(6) In addition, it is appropriate, in order to prevent the spread of classical swine fever to other areas of the Union, to provide that the dispatch of fresh pigmeat, and meat preparations and meat products consisting of, or containing meat of pigs kept in holdings located in the listed areas is subject to certain conditions. In particular, those pigmeat, meat preparations and products that either do not come from pigs kept in holdings that meet certain additional conditions concerning classical swine fever prevention or are not treated in a way that eliminates the classical swine fever risk in accordance with Article 4 of Council Directive 2002/99/EC(5)should be obtained, handled, transported and stored separately, or at different times, from products which do not fulfil the same conditions and then marked with special marks which cannot be confused with the identification mark provided for in Regulation (EC) No 853/2004 of the European Parliament and of the Council(6)and the health mark for fresh pigmeat provided for in Regulation (EC) No 854/2004 of the European Parliament and of the Council(7).
(7) In accordance with Article 5 of Directive 2002/99/EC, certain certification requirements should also be laid down for the dispatch of pigmeat, and meat preparations and meat products consisting of, or containing meat of pigs kept in holdings located in the listed areas that were treated in accordance with Article 4 of Directive 2002/99/EC.
(8) Decision 2008/855/EC has been amended several times. Therefore it is appropriate to repeal that Decision and replace it by this Decision.
(9) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
(a) the pigs are moved directly to a slaughterhouse for the purpose of immediate slaughter; or
(b) the pigs were kept in holdings that comply with the conditions laid down in point (a) of Article 4.
(a) porcine semen, unless the semen originates from pigs kept at an approved collection centre as referred to in Article 3(a) of Council Directive 90/429/EEC(8)and situated outside the areas listed in the Annex to this Decision;
(b) ova and embryos of swine, unless the ova and embryos originate from swine kept in holdings situated outside the areas listed in the Annex.
(a) the pigs in question were kept in holdings where:—no evidence of classical swine fever has been recorded in the previous 12 months in the holding in question and the holding is located outside a protection zone or a surveillance zone established in accordance with Directive 2001/89/EC;—the pigs have been resident for at least 90 days on the holding and no live pigs have been introduced into the holding during the 30-day period immediately prior to the date of dispatch to the slaughterhouse;—the holding implements a bio-security plan approved by the competent authority;—the holding has been subjected at least twice a year to inspections by the competent authority, which must:(i)follow the guidelines set out in Chapter III of the Annex to Commission Decision 2002/106/EC(9);(ii)include a clinical examination in accordance with the checking and sampling procedures set out in Part A of Chapter IV of the Annex to Decision 2002/106/EC;(iii)check the effective application of the measures provided for in the second indent and in the fourth to seventh indents of Article 15(2)(b) of Directive 2001/89/EC; and—the holding is subject to a classical swine fever surveillance plan implemented by the competent authority in accordance with the sampling procedures laid down in point F.2 of Chapter IV of the Annex to Decision 2002/106/EC and laboratory testing with negative results at least three months prior to movement to the slaughterhouse; or—the holding is subject to a classical swine fever surveillance plan implemented by the competent authority in accordance with the sampling procedures laid down in point F.2 of Chapter IV of the Annex to Decision 2002/106/EC and laboratory testing with negative results at least one year prior to movement to the slaughterhouse and before authorisation was given to dispatch the pigs to a slaughterhouse, a clinical examination for classical swine fever had been carried out by an official veterinarian in accordance with the checking and sampling procedures laid down in points 1 and 3 of Part D of Chapter IV of the Annex to Decision 2002/106/EC;or — no evidence of classical swine fever has been recorded in the previous 12 months in the holding in question and the holding is located outside a protection zone or a surveillance zone established in accordance with Directive 2001/89/EC; — the pigs have been resident for at least 90 days on the holding and no live pigs have been introduced into the holding during the 30-day period immediately prior to the date of dispatch to the slaughterhouse; — the holding implements a bio-security plan approved by the competent authority; — the holding has been subjected at least twice a year to inspections by the competent authority, which must:(i)follow the guidelines set out in Chapter III of the Annex to Commission Decision 2002/106/EC(9);(ii)include a clinical examination in accordance with the checking and sampling procedures set out in Part A of Chapter IV of the Annex to Decision 2002/106/EC;(iii)check the effective application of the measures provided for in the second indent and in the fourth to seventh indents of Article 15(2)(b) of Directive 2001/89/EC; and (i) follow the guidelines set out in Chapter III of the Annex to Commission Decision 2002/106/EC(9); (ii) include a clinical examination in accordance with the checking and sampling procedures set out in Part A of Chapter IV of the Annex to Decision 2002/106/EC; (iii) check the effective application of the measures provided for in the second indent and in the fourth to seventh indents of Article 15(2)(b) of Directive 2001/89/EC; and — the holding is subject to a classical swine fever surveillance plan implemented by the competent authority in accordance with the sampling procedures laid down in point F.2 of Chapter IV of the Annex to Decision 2002/106/EC and laboratory testing with negative results at least three months prior to movement to the slaughterhouse; or — the holding is subject to a classical swine fever surveillance plan implemented by the competent authority in accordance with the sampling procedures laid down in point F.2 of Chapter IV of the Annex to Decision 2002/106/EC and laboratory testing with negative results at least one year prior to movement to the slaughterhouse and before authorisation was given to dispatch the pigs to a slaughterhouse, a clinical examination for classical swine fever had been carried out by an official veterinarian in accordance with the checking and sampling procedures laid down in points 1 and 3 of Part D of Chapter IV of the Annex to Decision 2002/106/EC;
— no evidence of classical swine fever has been recorded in the previous 12 months in the holding in question and the holding is located outside a protection zone or a surveillance zone established in accordance with Directive 2001/89/EC;
— the pigs have been resident for at least 90 days on the holding and no live pigs have been introduced into the holding during the 30-day period immediately prior to the date of dispatch to the slaughterhouse;
— the holding implements a bio-security plan approved by the competent authority;
— the holding has been subjected at least twice a year to inspections by the competent authority, which must:(i)follow the guidelines set out in Chapter III of the Annex to Commission Decision 2002/106/EC(9);(ii)include a clinical examination in accordance with the checking and sampling procedures set out in Part A of Chapter IV of the Annex to Decision 2002/106/EC;(iii)check the effective application of the measures provided for in the second indent and in the fourth to seventh indents of Article 15(2)(b) of Directive 2001/89/EC; and (i) follow the guidelines set out in Chapter III of the Annex to Commission Decision 2002/106/EC(9); (ii) include a clinical examination in accordance with the checking and sampling procedures set out in Part A of Chapter IV of the Annex to Decision 2002/106/EC; (iii) check the effective application of the measures provided for in the second indent and in the fourth to seventh indents of Article 15(2)(b) of Directive 2001/89/EC; and
(i) follow the guidelines set out in Chapter III of the Annex to Commission Decision 2002/106/EC(9);
(ii) include a clinical examination in accordance with the checking and sampling procedures set out in Part A of Chapter IV of the Annex to Decision 2002/106/EC;
(iii) check the effective application of the measures provided for in the second indent and in the fourth to seventh indents of Article 15(2)(b) of Directive 2001/89/EC; and
— the holding is subject to a classical swine fever surveillance plan implemented by the competent authority in accordance with the sampling procedures laid down in point F.2 of Chapter IV of the Annex to Decision 2002/106/EC and laboratory testing with negative results at least three months prior to movement to the slaughterhouse; or
— the holding is subject to a classical swine fever surveillance plan implemented by the competent authority in accordance with the sampling procedures laid down in point F.2 of Chapter IV of the Annex to Decision 2002/106/EC and laboratory testing with negative results at least one year prior to movement to the slaughterhouse and before authorisation was given to dispatch the pigs to a slaughterhouse, a clinical examination for classical swine fever had been carried out by an official veterinarian in accordance with the checking and sampling procedures laid down in points 1 and 3 of Part D of Chapter IV of the Annex to Decision 2002/106/EC;
— no evidence of classical swine fever has been recorded in the previous 12 months in the holding in question and the holding is located outside a protection zone or a surveillance zone established in accordance with Directive 2001/89/EC;
— the pigs have been resident for at least 90 days on the holding and no live pigs have been introduced into the holding during the 30-day period immediately prior to the date of dispatch to the slaughterhouse;
— the holding implements a bio-security plan approved by the competent authority;
— the holding has been subjected at least twice a year to inspections by the competent authority, which must:(i)follow the guidelines set out in Chapter III of the Annex to Commission Decision 2002/106/EC(9);(ii)include a clinical examination in accordance with the checking and sampling procedures set out in Part A of Chapter IV of the Annex to Decision 2002/106/EC;(iii)check the effective application of the measures provided for in the second indent and in the fourth to seventh indents of Article 15(2)(b) of Directive 2001/89/EC; and (i) follow the guidelines set out in Chapter III of the Annex to Commission Decision 2002/106/EC(9); (ii) include a clinical examination in accordance with the checking and sampling procedures set out in Part A of Chapter IV of the Annex to Decision 2002/106/EC; (iii) check the effective application of the measures provided for in the second indent and in the fourth to seventh indents of Article 15(2)(b) of Directive 2001/89/EC; and
(i) follow the guidelines set out in Chapter III of the Annex to Commission Decision 2002/106/EC(9);
(ii) include a clinical examination in accordance with the checking and sampling procedures set out in Part A of Chapter IV of the Annex to Decision 2002/106/EC;
(iii) check the effective application of the measures provided for in the second indent and in the fourth to seventh indents of Article 15(2)(b) of Directive 2001/89/EC; and
(i) follow the guidelines set out in Chapter III of the Annex to Commission Decision 2002/106/EC(9);
(ii) include a clinical examination in accordance with the checking and sampling procedures set out in Part A of Chapter IV of the Annex to Decision 2002/106/EC;
(iii) check the effective application of the measures provided for in the second indent and in the fourth to seventh indents of Article 15(2)(b) of Directive 2001/89/EC; and
— the holding is subject to a classical swine fever surveillance plan implemented by the competent authority in accordance with the sampling procedures laid down in point F.2 of Chapter IV of the Annex to Decision 2002/106/EC and laboratory testing with negative results at least three months prior to movement to the slaughterhouse; or
— the holding is subject to a classical swine fever surveillance plan implemented by the competent authority in accordance with the sampling procedures laid down in point F.2 of Chapter IV of the Annex to Decision 2002/106/EC and laboratory testing with negative results at least one year prior to movement to the slaughterhouse and before authorisation was given to dispatch the pigs to a slaughterhouse, a clinical examination for classical swine fever had been carried out by an official veterinarian in accordance with the checking and sampling procedures laid down in points 1 and 3 of Part D of Chapter IV of the Annex to Decision 2002/106/EC;
(b) the pigmeat, meat preparations and products in question:—are produced and processed in accordance with Article 4(1) of Directive 2002/99/EC;—are subjected to the veterinary certification in accordance with Article 5 of Directive 2002/99/EC;—are accompanied by the appropriate intra-Union trade health certificate as laid down by Commission Regulation (EC) No 599/2004(10)of which Part II of the certificate shall be completed by the following sentence:‘Product in accordance with Commission Implementing Decision 2013/764/EU of 13 December 2013 concerning animal health control measures relating to classical swine fever in certain Member States.’ — are produced and processed in accordance with Article 4(1) of Directive 2002/99/EC; — are subjected to the veterinary certification in accordance with Article 5 of Directive 2002/99/EC; — are accompanied by the appropriate intra-Union trade health certificate as laid down by Commission Regulation (EC) No 599/2004(10)of which Part II of the certificate shall be completed by the following sentence:‘Product in accordance with Commission Implementing Decision 2013/764/EU of 13 December 2013 concerning animal health control measures relating to classical swine fever in certain Member States.’
— are produced and processed in accordance with Article 4(1) of Directive 2002/99/EC;
— are subjected to the veterinary certification in accordance with Article 5 of Directive 2002/99/EC;
— are accompanied by the appropriate intra-Union trade health certificate as laid down by Commission Regulation (EC) No 599/2004(10)of which Part II of the certificate shall be completed by the following sentence:‘Product in accordance with Commission Implementing Decision 2013/764/EU of 13 December 2013 concerning animal health control measures relating to classical swine fever in certain Member States.’
— are produced and processed in accordance with Article 4(1) of Directive 2002/99/EC;
— are subjected to the veterinary certification in accordance with Article 5 of Directive 2002/99/EC;
— are accompanied by the appropriate intra-Union trade health certificate as laid down by Commission Regulation (EC) No 599/2004(10)of which Part II of the certificate shall be completed by the following sentence:‘Product in accordance with Commission Implementing Decision 2013/764/EU of 13 December 2013 concerning animal health control measures relating to classical swine fever in certain Member States.’
(a) the identification mark for meat preparations and meat products consisting of, or containing pigmeat, provided for in Section I of Annex II to Regulation (EC) No 853/2004; and
(b) the health mark for fresh pigmeat provided for in Chapter III of Section I of Annex I to Regulation (EC) No 854/2004.
(a) the provisions laid down in the second and the fourth to seventh indents of Article 15(2)(b) of Directive 2001/89/EC are applied in the pig holdings located within the areas listed in the Annex to this Decision;
(b) vehicles which have been used for the transport of pigs kept in holdings located within the areas listed in the Annex are cleansed and disinfected immediately following each operation and the transporter provides proof of such cleansing and disinfection.
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market(1), and in particular Article 9(4) thereof,
Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market(2), and in particular Article 10(4) thereof,
(1) Council Directive 2001/89/EC(3)introduces minimum Union measures for the control of classical swine fever, including the measures to be taken in the event of an outbreak of that disease. Those measures include plans by Member States for the eradication of classical swine fever from a feral pig population and the emergency vaccination of feral pigs under certain conditions.
(2) The measures provided for in Directive 2001/89/EC have been implemented by Commission Decision 2008/855/EC(4)that was adopted in response to the occurrence of classical swine fever in certain Member States. That Decision establishes disease control measures concerning classical swine fever in areas of those Member States where that disease is present in feral pigs in order to prevent the spread of the disease to other areas of the Union. The Member States or areas thereof concerned by those measures are set out in the Annex to that Decision.
(3) Decision 2008/855/EC has been amended several times in response to the evolving classical swine fever epidemiological situation in the Union. In recent years the disease situation has improved significantly in the Union and now few areas with specific problems related to specific common risks for classical swine fever can be identified.
(4) It is appropriate that one list sets out the areas of the Member States where the epidemiological situation of classical swine fever is generally favourable in pig holdings and the situation is also improving in the feral pig population.
(5) In terms of risk and as a general rule, since the movement of live pigs and their semen, ova and embryos from infected areas or areas with an uncertain epidemiological situation poses higher risks than the movement of fresh pigmeat, and meat preparations and meat products consisting of, or containing meat of pigs, movement of live pigs and their semen, ova and embryos from the listed areas should be prohibited. However, it is appropriate to provide for the conditions under which, by way of derogation, live pigs could be dispatched to slaughterhouses or to holdings located outside the listed areas in the same Member State.
(6) In addition, it is appropriate, in order to prevent the spread of classical swine fever to other areas of the Union, to provide that the dispatch of fresh pigmeat, and meat preparations and meat products consisting of, or containing meat of pigs kept in holdings located in the listed areas is subject to certain conditions. In particular, those pigmeat, meat preparations and products that either do not come from pigs kept in holdings that meet certain additional conditions concerning classical swine fever prevention or are not treated in a way that eliminates the classical swine fever risk in accordance with Article 4 of Council Directive 2002/99/EC(5)should be obtained, handled, transported and stored separately, or at different times, from products which do not fulfil the same conditions and then marked with special marks which cannot be confused with the identification mark provided for in Regulation (EC) No 853/2004 of the European Parliament and of the Council(6)and the health mark for fresh pigmeat provided for in Regulation (EC) No 854/2004 of the European Parliament and of the Council(7).
(7) In accordance with Article 5 of Directive 2002/99/EC, certain certification requirements should also be laid down for the dispatch of pigmeat, and meat preparations and meat products consisting of, or containing meat of pigs kept in holdings located in the listed areas that were treated in accordance with Article 4 of Directive 2002/99/EC.
(8) Decision 2008/855/EC has been amended several times. Therefore it is appropriate to repeal that Decision and replace it by this Decision.
(9) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DECISION:

Subject matter and scope
Article 1
This Decision lays down certain control measures in relation to classical swine fever to be applied in the Member States or areas thereof as set out in the Annex (‘the Member States concerned’).
It shall apply without prejudice to the plans for the eradication of classical swine fever and plans for the emergency vaccination against that disease approved by the Commission in accordance with Directive 2001/89/EC.

Prohibition on the dispatch of live pigs from the areas listed in the Annex to other Member States
Article 2
1. The Member State concerned shall ensure that no live pigs from the areas listed in the Annex are dispatched to other Member States or to other areas in the territory of the same Member State outside those listed in the Annex.
2. By way of derogation from paragraph 1, the Member States concerned may authorise the dispatch of live pigs from holdings located within the areas listed in the Annex to other areas in the territory of the same Member State, provided that the overall classical swine fever situation in the areas listed in the Annex is favourable and:
(a)
the pigs are moved directly to a slaughterhouse for the purpose of immediate slaughter; or
(b)
the pigs were kept in holdings that comply with the conditions laid down in point (a) of Article 4.

Prohibition on the dispatch of consignments of porcine semen and ova and embryos of swine from the areas listed in the Annex to other Member States
Article 3
The Member States concerned shall ensure that no consignments of the following are dispatched from their territory to other Member States:
(a)
porcine semen, unless the semen originates from pigs kept at an approved collection centre as referred to in Article 3(a) of Council Directive 90/429/EEC(8)and situated outside the areas listed in the Annex to this Decision;
(b)
ova and embryos of swine, unless the ova and embryos originate from swine kept in holdings situated outside the areas listed in the Annex.

Dispatch of fresh pigmeat and of certain meat preparations and meat products from areas listed in the Annex
Article 4
The Member States concerned shall ensure that consignments of fresh pigmeat, meat preparations and meat products consisting of, or containing pigmeat from pigs kept in holdings located in the areas listed in the Annex, are dispatched to other Member States only if:
either
(a)
the pigs in question were kept in holdings where:
—
no evidence of classical swine fever has been recorded in the previous 12 months in the holding in question and the holding is located outside a protection zone or a surveillance zone established in accordance with Directive 2001/89/EC;
—
the pigs have been resident for at least 90 days on the holding and no live pigs have been introduced into the holding during the 30-day period immediately prior to the date of dispatch to the slaughterhouse;
—
the holding implements a bio-security plan approved by the competent authority;
—
the holding has been subjected at least twice a year to inspections by the competent authority, which must:
(i)
follow the guidelines set out in Chapter III of the Annex to Commission Decision 2002/106/EC(9);
(ii)
include a clinical examination in accordance with the checking and sampling procedures set out in Part A of Chapter IV of the Annex to Decision 2002/106/EC;
(iii)
check the effective application of the measures provided for in the second indent and in the fourth to seventh indents of Article 15(2)(b) of Directive 2001/89/EC; and
—
the holding is subject to a classical swine fever surveillance plan implemented by the competent authority in accordance with the sampling procedures laid down in point F.2 of Chapter IV of the Annex to Decision 2002/106/EC and laboratory testing with negative results at least three months prior to movement to the slaughterhouse; or
—
the holding is subject to a classical swine fever surveillance plan implemented by the competent authority in accordance with the sampling procedures laid down in point F.2 of Chapter IV of the Annex to Decision 2002/106/EC and laboratory testing with negative results at least one year prior to movement to the slaughterhouse and before authorisation was given to dispatch the pigs to a slaughterhouse, a clinical examination for classical swine fever had been carried out by an official veterinarian in accordance with the checking and sampling procedures laid down in points 1 and 3 of Part D of Chapter IV of the Annex to Decision 2002/106/EC;
or
(b)
the pigmeat, meat preparations and products in question:
—
are produced and processed in accordance with Article 4(1) of Directive 2002/99/EC;
—
are subjected to the veterinary certification in accordance with Article 5 of Directive 2002/99/EC;
—
are accompanied by the appropriate intra-Union trade health certificate as laid down by Commission Regulation (EC) No 599/2004(10)of which Part II of the certificate shall be completed by the following sentence:
‘Product in accordance with Commission Implementing Decision 2013/764/EU of 13 December 2013 concerning animal health control measures relating to classical swine fever in certain Member States.’

Special health marks and certification requirements for fresh pigmeat, meat preparations and meat products consisting of, or containing pigmeat other than those in in Article 4
Article 5
The Member States concerned shall ensure that the fresh pigmeat, meat preparations and meat products consisting of, or containing pigmeat other than those in Article 4 shall be marked with a special health mark that cannot be oval and cannot be confused with:
(a)
the identification mark for meat preparations and meat products consisting of, or containing pigmeat, provided for in Section I of Annex II to Regulation (EC) No 853/2004; and
(b)
the health mark for fresh pigmeat provided for in Chapter III of Section I of Annex I to Regulation (EC) No 854/2004.

Requirements concerning holdings and transport vehicles in the areas listed in the Annex
Article 6
The Member States concerned shall ensure that:
(a)
the provisions laid down in the second and the fourth to seventh indents of Article 15(2)(b) of Directive 2001/89/EC are applied in the pig holdings located within the areas listed in the Annex to this Decision;
(b)
vehicles which have been used for the transport of pigs kept in holdings located within the areas listed in the Annex are cleansed and disinfected immediately following each operation and the transporter provides proof of such cleansing and disinfection.

Information requirements of the Member States concerned
Article 7
The Member States concerned shall inform the Commission and the Member States, in the framework of the Standing Committee on the Food Chain and Animal Health, of the results of the surveillance for classical swine fever carried out in the areas listed in the Annex, as provided for in the plans for the eradication of classical swine fever or in emergency vaccination plans against that disease approved by the Commission and referred to in the second paragraph of Article 1.

Compliance
Article 8
The Member States shall amend the measures they apply to trade so that they comply with this Decision and they shall give immediate appropriate publicity to the measures adopted.
They shall immediately inform the Commission thereof.

Repeal
Article 9
Decision 2008/855/EC is repealed.

Applicability
Article 10
This Decision shall apply until 31 December 2017.

Addressees
Article 11
This Decision is addressed to the Member States.

THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market(1), and in particular Article 9(4) thereof,
Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-Community trade in certain live animals and products with a view to the completion of the internal market(2), and in particular Article 10(4) thereof,
(1) Council Directive 2001/89/EC(3)introduces minimum Union measures for the control of classical swine fever, including the measures to be taken in the event of an outbreak of that disease. Those measures include plans by Member States for the eradication of classical swine fever from a feral pig population and the emergency vaccination of feral pigs under certain conditions.
(2) The measures provided for in Directive 2001/89/EC have been implemented by Commission Decision 2008/855/EC(4)that was adopted in response to the occurrence of classical swine fever in certain Member States. That Decision establishes disease control measures concerning classical swine fever in areas of those Member States where that disease is present in feral pigs in order to prevent the spread of the disease to other areas of the Union. The Member States or areas thereof concerned by those measures are set out in the Annex to that Decision.
(3) Decision 2008/855/EC has been amended several times in response to the evolving classical swine fever epidemiological situation in the Union. In recent years the disease situation has improved significantly in the Union and now few areas with specific problems related to specific common risks for classical swine fever can be identified.
(4) It is appropriate that one list sets out the areas of the Member States where the epidemiological situation of classical swine fever is generally favourable in pig holdings and the situation is also improving in the feral pig population.
(5) In terms of risk and as a general rule, since the movement of live pigs and their semen, ova and embryos from infected areas or areas with an uncertain epidemiological situation poses higher risks than the movement of fresh pigmeat, and meat preparations and meat products consisting of, or containing meat of pigs, movement of live pigs and their semen, ova and embryos from the listed areas should be prohibited. However, it is appropriate to provide for the conditions under which, by way of derogation, live pigs could be dispatched to slaughterhouses or to holdings located outside the listed areas in the same Member State.
(6) In addition, it is appropriate, in order to prevent the spread of classical swine fever to other areas of the Union, to provide that the dispatch of fresh pigmeat, and meat preparations and meat products consisting of, or containing meat of pigs kept in holdings located in the listed areas is subject to certain conditions. In particular, those pigmeat, meat preparations and products that either do not come from pigs kept in holdings that meet certain additional conditions concerning classical swine fever prevention or are not treated in a way that eliminates the classical swine fever risk in accordance with Article 4 of Council Directive 2002/99/EC(5)should be obtained, handled, transported and stored separately, or at different times, from products which do not fulfil the same conditions and then marked with special marks which cannot be confused with the identification mark provided for in Regulation (EC) No 853/2004 of the European Parliament and of the Council(6)and the health mark for fresh pigmeat provided for in Regulation (EC) No 854/2004 of the European Parliament and of the Council(7).
(7) In accordance with Article 5 of Directive 2002/99/EC, certain certification requirements should also be laid down for the dispatch of pigmeat, and meat preparations and meat products consisting of, or containing meat of pigs kept in holdings located in the listed areas that were treated in accordance with Article 4 of Directive 2002/99/EC.
(8) Decision 2008/855/EC has been amended several times. Therefore it is appropriate to repeal that Decision and replace it by this Decision.
(9) The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,
HAS ADOPTED THIS DECISION:

Subject matter and scope

This Decision lays down certain control measures in relation to classical swine fever to be applied in the Member States or areas thereof as set out in the Annex (‘the Member States concerned’).
It shall apply without prejudice to the plans for the eradication of classical swine fever and plans for the emergency vaccination against that disease approved by the Commission in accordance with Directive 2001/89/EC.

Prohibition on the dispatch of live pigs from the areas listed in the Annex to other Member States

1. The Member State concerned shall ensure that no live pigs from the areas listed in the Annex are dispatched to other Member States or to other areas in the territory of the same Member State outside those listed in the Annex.
2. By way of derogation from paragraph 1, the Member States concerned may authorise the dispatch of live pigs from holdings located within the areas listed in the Annex to other areas in the territory of the same Member State, provided that the overall classical swine fever situation in the areas listed in the Annex is favourable and:
(a)
the pigs are moved directly to a slaughterhouse for the purpose of immediate slaughter; or
(b)
the pigs were kept in holdings that comply with the conditions laid down in point (a) of Article 4.

Prohibition on the dispatch of consignments of porcine semen and ova and embryos of swine from the areas listed in the Annex to other Member States

The Member States concerned shall ensure that no consignments of the following are dispatched from their territory to other Member States:
(a)
porcine semen, unless the semen originates from pigs kept at an approved collection centre as referred to in Article 3(a) of Council Directive 90/429/EEC(8)and situated outside the areas listed in the Annex to this Decision;
(b)
ova and embryos of swine, unless the ova and embryos originate from swine kept in holdings situated outside the areas listed in the Annex.

Dispatch of fresh pigmeat and of certain meat preparations and meat products from areas listed in the Annex

The Member States concerned shall ensure that consignments of fresh pigmeat, meat preparations and meat products consisting of, or containing pigmeat from pigs kept in holdings located in the areas listed in the Annex, are dispatched to other Member States only if:
either
(a)
the pigs in question were kept in holdings where:
—
no evidence of classical swine fever has been recorded in the previous 12 months in the holding in question and the holding is located outside a protection zone or a surveillance zone established in accordance with Directive 2001/89/EC;
—
the pigs have been resident for at least 90 days on the holding and no live pigs have been introduced into the holding during the 30-day period immediately prior to the date of dispatch to the slaughterhouse;
—
the holding implements a bio-security plan approved by the competent authority;
—
the holding has been subjected at least twice a year to inspections by the competent authority, which must:
(i)
follow the guidelines set out in Chapter III of the Annex to Commission Decision 2002/106/EC(9);
(ii)
include a clinical examination in accordance with the checking and sampling procedures set out in Part A of Chapter IV of the Annex to Decision 2002/106/EC;
(iii)
check the effective application of the measures provided for in the second indent and in the fourth to seventh indents of Article 15(2)(b) of Directive 2001/89/EC; and
—
the holding is subject to a classical swine fever surveillance plan implemented by the competent authority in accordance with the sampling procedures laid down in point F.2 of Chapter IV of the Annex to Decision 2002/106/EC and laboratory testing with negative results at least three months prior to movement to the slaughterhouse; or
—
the holding is subject to a classical swine fever surveillance plan implemented by the competent authority in accordance with the sampling procedures laid down in point F.2 of Chapter IV of the Annex to Decision 2002/106/EC and laboratory testing with negative results at least one year prior to movement to the slaughterhouse and before authorisation was given to dispatch the pigs to a slaughterhouse, a clinical examination for classical swine fever had been carried out by an official veterinarian in accordance with the checking and sampling procedures laid down in points 1 and 3 of Part D of Chapter IV of the Annex to Decision 2002/106/EC;
or
(b)
the pigmeat, meat preparations and products in question:
—
are produced and processed in accordance with Article 4(1) of Directive 2002/99/EC;
—
are subjected to the veterinary certification in accordance with Article 5 of Directive 2002/99/EC;
—
are accompanied by the appropriate intra-Union trade health certificate as laid down by Commission Regulation (EC) No 599/2004(10)of which Part II of the certificate shall be completed by the following sentence:
‘Product in accordance with Commission Implementing Decision 2013/764/EU of 13 December 2013 concerning animal health control measures relating to classical swine fever in certain Member States.’

Special health marks and certification requirements for fresh pigmeat, meat preparations and meat products consisting of, or containing pigmeat other than those in in Article 4

The Member States concerned shall ensure that the fresh pigmeat, meat preparations and meat products consisting of, or containing pigmeat other than those in Article 4 shall be marked with a special health mark that cannot be oval and cannot be confused with:
(a)
the identification mark for meat preparations and meat products consisting of, or containing pigmeat, provided for in Section I of Annex II to Regulation (EC) No 853/2004; and
(b)
the health mark for fresh pigmeat provided for in Chapter III of Section I of Annex I to Regulation (EC) No 854/2004.

Requirements concerning holdings and transport vehicles in the areas listed in the Annex

The Member States concerned shall ensure that:
(a)
the provisions laid down in the second and the fourth to seventh indents of Article 15(2)(b) of Directive 2001/89/EC are applied in the pig holdings located within the areas listed in the Annex to this Decision;
(b)
vehicles which have been used for the transport of pigs kept in holdings located within the areas listed in the Annex are cleansed and disinfected immediately following each operation and the transporter provides proof of such cleansing and disinfection.

Information requirements of the Member States concerned

The Member States concerned shall inform the Commission and the Member States, in the framework of the Standing Committee on the Food Chain and Animal Health, of the results of the surveillance for classical swine fever carried out in the areas listed in the Annex, as provided for in the plans for the eradication of classical swine fever or in emergency vaccination plans against that disease approved by the Commission and referred to in the second paragraph of Article 1.

Compliance

The Member States shall amend the measures they apply to trade so that they comply with this Decision and they shall give immediate appropriate publicity to the measures adopted.
They shall immediately inform the Commission thereof.

Repeal

Decision 2008/855/EC is repealed.

Applicability

This Decision shall apply until 31 December 2017.

Addressees

This Decision is addressed to the Member States.

1.   Bulgaria

ANNEXThe whole territory of Bulgaria.
2. Croatia
The territory of the counties of Karlovac, Sisak-Moslavina, Slavonski Brod-Posavina and Vukovar-Srijem.
3. Latvia
In the novads of Alūksnes the pagasti of Pededzes and Liepnas.
In the novads of Rēzeknes the pagasti of Pušas, Mākoņkalna and Kaunatas.
In the novads of Daugavpils the pagasti of Dubnas, Višķu, Ambeļu, Biķernieku, Maļinovas, Naujenes, Tabores, Vecsalienas, Salienas, Skrudalienas, Demenes and Laucesas.
In the novads of Balvu the pagasti of Vīksnas, Kubuļu, Balvu, Bērzkalnes, Lazdulejas, Briežuciema, Vectilžas, Tilžas, Krišjāņu and Bērzpils.
In the novads of Rugāju the pagasti of Rugāju and Lazdukalna. In the novads of Viļakas the pagasti of Žiguru, Vecumu, Kupravas, Susāju, Medņevas and Šķilbēnu.
In the novads of Baltinavas the pagasts of Baltinavas.
In the novads of Kārsavas the pagasti of Salnavas, Malnavas, Goliševas, Mērdzenes and Mežvidu. In the novads of Ciblas the pagasti of Pušmucovas, Līdumnieku, Ciblas, Zvirgzdenes and Blontu.
In the novads of Ludzas the pagasti of Ņukšu, Briģu, Isnaudas, Nirzas, Pildas, Rundēnu and Istras.
In the novads of Zilupes the pagasti of Zaļesjes, Lauderu and Pasienes.
In the novads of Dagdas the pagasti of Andzeļu, Ezernieku, Šķaunes, Svariņu, Bērziņu, Ķepovas, Asūnes, Dagdas, Konstantinovas and Andrupenes.
In the novads of Aglonas the pagasti of Kastuļinas, Grāveru, Šķeltovas and Aglonas.
In the novads of Krāslavas the pagasti of Aulejas, Kombuļu, Skaistas, Robežnieku, Indras, Piedrujas, Kalniešu, Krāslavas, Kaplavas, Ūdrīšu and Izvaltas.
4. Romania
The whole territory of Romania.

Pending: 32013D0755

January 15, 2026
19.12.2013 EN Official Journal of the European Union L 344/1
(1) This Decision replaces Council Decision 2001/822/EC(1)which applies until 31 December 2013. Pursuant to Article 62 of Decision 2001/822/EC, the Council is to establish the provisions to be laid down for the subsequent application of the principles set out in Articles 198 to 202 of the Treaty on the Functioning of the European Union (TFEU).
(2) In its conclusions of 22 December 2009 on the EU’s relations with Overseas Countries and Territories (OCTs), the Council invited the Commission to submit a legislative proposal to revise the Overseas Association Decision before July 2012. The Council endorsed the Commission’s proposal to base the future partnership between the Union and the OCTs on three key pillars: (1) enhancing competitiveness, (2) strengthening resilience and reducing vulnerability and (3) promoting cooperation and integration between the OCTs and other partners and neighbouring regions.
(3) The Commission held a public consultation between June and October 2008 and proposed a number of orientations for a new Association Decision. The results of this consultation were synthesised in a Communication of 6 November 2009 entitled ‘Elements for a new partnership between the European Union and the Overseas Countries and Territories (OCTs)’.
(4) The TFEU and its secondary legislation do not automatically apply to the OCTs, with the exception of a number of provisions which explicitly provide for the contrary. Although not third countries, the OCTs do not form part of the single market and must comply with the obligations imposed on third countries in respect of trade, particularly rules of origin, health and plant health standards and safeguard measures.
(5) The special relationship between the Union and the OCTs should move away from a classic development cooperation approach to a reciprocal partnership to support the OCTs’ sustainable development. Moreover, the solidarity between the Union and the OCTs should be based on their unique relationship and their belonging to the same ‘European family’.
(6) The contribution of civil society to OCTs development can be enhanced by strengthening civil society organisations in all spheres of cooperation.
(7) Given the OCTs’ geographical position, cooperation between them and their neighbours, despite the different status vis-à-vis Union law of each actor in a given geographical area, should be pursued in the interests of all sides with a particular focus on areas of common interest and the promotion of the Union’s values and standards. Moreover, the OCTs could act as regional hubs or centres of excellence in their regions.
(8) The Union should support the policies and strategies of an OCTs in an area of mutual interest on the basis of the specific need, potential and choice of the OCTs concerned.
(9) The association should aim at ensuring the conservation, restoration and sustainable use of biological diversity and ecosystem services as a key element for the achievement of sustainable development.
(10) The OCTs are host to wide terrestrial and marine biodiversity. Climate change could impact on OCTs’ natural environment and constitute a threat undermining their sustainable development. Actions in the fields of conservation of biodiversity and ecosystem services, disaster risk reduction, sustainable management of natural resources and promotion of sustainable energy would contribute to adaptation and mitigation of climate change in the OCTs.
(11) The significant role which OCTs could play in contributing to the Union’s commitments under Multilateral Environmental Agreements should be recognised in the relations between the Union and the OCTs.
(12) It is important to support the OCTs in their efforts in becoming less dependent on fossil fuels, with a view to reducing their vulnerability to fuels access and price volatility, thus making their economy more resilient and less vulnerable to external shocks.
(13) The Union could assist the OCTs to reduce their vulnerability to disasters and support the actions and measures they undertake for this purpose.
(14) The effects of the OCTs’ remoteness constitute a barrier to their competitiveness and thus it is important to improve the accessibility of the OCTs.
(15) The Union and the OCTs recognise the importance of education and vocational training as a lever for the OCTs’ sustainable development.
(16) Further economic and social development of the OCTs should be mutually supportive and aim at strengthening competitiveness of the OCTs’ economy, as well as attaining social welfare and inclusion, in particular for vulnerable groups and persons with disabilities. To that end, cooperation between the Union and OCTs should include exchange of information and best practice in the relevant areas, including skills development and social protection as well as promoting the rights of persons with disabilities, bearing in mind the principles of the UN Convention on the Rights of Persons with Disabilities. Moreover, the association between the Union and OCTs should contribute to the promotion of decent work, including best practice in social dialogue, as well as respect for core labour standards, equal opportunities, non-discrimination and accessibility in the OCTs and regions where they are located.
(17) Tourism could constitute an area of cooperation between the Union and the OCTs. The aim of cooperation should be to support the efforts of the authorities of the OCTs to derive maximum benefit from local, regional and international tourism and stimulate private financial flows from the Union and other sources into the development of tourism in the OCTs. Particular attention should be given to the need to integrate tourism into the social, cultural and economic life of the people, as well as respect for the environment.
(18) The incidence of communicable diseases in the OCTs, such asdenguein the Caribbean and the Pacific andchikungunyain the Indian Ocean region, can have a significant negative impact on health and the economy. Beyond decreasing the productivity of affected populations, epidemics in OCTs are likely to heavily impact tourism, which is a mainstay of many OCTs’ economies. Given the large number of tourists and migrant workers travelling to OCTs, they are vulnerable to importation of infectious diseases. Inversely, the large flow of people travelling back from OCTs could be a vector of introduction of communicable diseases in Europe. Ensuring a ‘safe tourism’ is therefore a critical factor for the sustainability of those OCTs economies that heavily rely on tourism.
(19) The association between the Union and the OCTs should take into account and contribute to the preservation of the cultural diversity and identity of OCTs.
(20) The Union recognises the importance of developing a more active partnership with the OCTs as regards good governance and the fight against organised crime, trafficking in human beings, terrorism and corruption.
(21) Trade and trade-related cooperation between the Union and the OCTs should contribute to the objective of sustainable economic development, social development and environmental protection.
(22) Global changes, reflected in the continuing process of trade liberalisation, broadly implicate the Union, the principal trading partner of the OCTs, their ACP neighbours and other economic partners.
(23) The OCTs are fragile island environments requiring adequate protection, including in respect of waste management. In respect of radioactive waste, Article 198 of the Euratom Treaty and the related secondary legislation provide for this, except with regard to Greenland, to which the Euratom Treaty does not apply. For other waste, it should be specified which Union rules are to apply in respect of the OCTs.
(24) This Decision should provide for more flexible rules of origin, including new possibilities of cumulation of origin. Cumulation should be possible not only with OCTs and Economic Partnership Agreement (EPA) countries, but under certain conditions, also for products originating in countries with which the Union is applying a free trade agreement as well as for products entering the Union duty-free and quota-free under the Union’s General System of Preferences(2), also subject to conditions. These conditions are necessary to prevent trade circumvention and ensure the proper functioning of the cumulation arrangements.
(25) The procedures for certification of OCTs origin should be updated, in the interests of the operators and administrations concerned in the OCTs. Provisions on administrative cooperation between the Union and the OCTs should also be updated accordingly.
(26) Methods of administrative cooperation and the possibility to temporarily withdraw preferential treatment in respect of all or of certain products originating in the OCTs in cases of fraud, irregularities or a systematic failure to comply with the rules concerning the origin of the products, or a failure to provide administrative cooperation should be established. In addition, sufficiently detailed safeguard and surveillance provisions should be laid down. This would allow OCTs and Union competent authorities as well as economic operators to rely on clear and transparent rules and procedures. Finally, it is a matter of common interest to ensure the proper application of the procedures and arrangements that allow the OCTs to export goods to the Union duty-free and quota-free.
(27) Taking into account the aims of integration and the developments of global trade in the area of services and establishment, it is necessary to support the development of services markets and investment possibilities by improving the market access of OCTs services and investment to the Union market. In this regard the Union should offer to OCTs the best possible treatment offered to any other trading partner through comprehensive most favoured nation clauses, while ensuring more flexible possibilities for trade relations for OCTs by limiting the treatment offered by OCTs to the Union to what has been offered to other major trading economies.
(28) Intellectual property rights are a crucial component for stimulating innovation and are a tool to promote economic and social development. They benefit countries by allowing them to protect intellectual creations and assets. Their protection and enforcement helps to facilitate trade, growth and foreign investment as well as to combat the health and safety risks of counterfeit products. OCTs can benefit from a policy on intellectual property rights, in particular in the context of the preservation of biodiversity and the development of technology.
(29) Sanitary and phyto-sanitary measures and technical barriers to trade may have an impact on trade and require cooperation. Trade and trade-related cooperation should also address competition policies and intellectual property rights, which affect the equitable distribution of the gains of trade.
(30) In order to ensure that OCTs may participate under the best conditions in the Union’s internal market as well as in regional, sub-regional and international markets, it is important to develop the capacity of the OCTs in relevant areas. These include the development of human resources and skills, the development of small and medium enterprises, the diversification of economic sectors and the implementation of an appropriate legal framework in order to achieve a business climate conducive to investment.
(31) Cooperation in the area of financial services between the Union and OCTs should contribute to building a safer, sounder, more transparent financial system that is essential to enhance global financial stability and to underpin sustainable growth. Efforts in that area should focus on convergence with internationally agreed standards and approximation of OCTs legislation with Unionacquison financial services. Adequate attention should be paid to strengthening administrative capacity of OCTs authorities, including in the area of supervision.
(32) Financial assistance to the OCTs should be allocated on the basis of uniform, transparent and effective criteria, taking into account the needs and performances of the OCTs. Such criteria should take into account the size of the population, the level of Gross Domestic Product (GDP), the level of previous allocations from the European Development Fund (EDF) and constraints due to the geographical isolation of OCTs.
(33) In the interest of efficiency, simplification and recognition of the management capacities of the OCTs authorities, the financial resources granted to the OCTs should be managed on the basis of a reciprocal partnership. Moreover, the authorities of the OCTs should assume the responsibility for the formulation and implementation of those policies agreed upon between the parties as cooperation strategies.
(34) The procedures regarding financial assistance should delegate the main responsibility for the 11th EDF programming and implementing cooperation to the OCTs in particular. Cooperation should be conducted predominantly in conformity with OCTs territorial regulations and should underpin support for monitoring, evaluating and auditing the operations programmed. The limited administrative and human resources of the OCTs should be taken into account in the programming and implementation process. In addition, it is necessary to clarify that OCTs are eligible for different sources of funding.
(35) OCTs may participate in European Groupings of Territorial Cooperation (EGTC), pursuant to Regulation (EC) No 1082/2006 of the European Parliament and of the Council(3). Regional cooperation for OCTs may therefore consist in their participation in an EGTC, in accordance with the arrangements applicable to the Member State to which the OCTs is linked. OCTs members of an EGTC may be eligible for regional financing.
(36) In order to take into account technological developments and changes in customs legislation, the power to adopt acts amending the Appendices to Annex VI, in accordance with Article 290 TFEU, should be delegated to the Commission. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a timely and appropriate transmission of relevant documents to the Council.
(37) By virtue of this Decision, the Council should be able to produce an innovative response to all the factors mentioned above, which is both consistent and tailored to the variety of situations,
(a) the economic diversification of OCTs economies, including their further integration in world and regional economies;
(b) the promotion of green growth;
(c) the sustainable management of natural resources, including the conservation and sustainable use of biodiversity and ecosystem services;
(d) the adaptation to and mitigation of impacts of climate change;
(e) the promotion of disaster risk reduction;
(f) the promotion of research, innovation and scientific cooperation activities;
(g) the promotion of social, cultural and economic exchanges between the OCTs, their neighbours and other partners.
(a) capacity building of relevant regional organisations and institutions of which OCTs are members;
(b) regional or sub-regional initiatives such as the implementation of sectoral reform policies relating to the areas of cooperation identified in Parts Two and Three of this Decision;
(c) the awareness and knowledge of the OCTs on the impacts of regional integration processes in different areas;
(d) OCTs participation in the development of regional markets within the context of regional integration organisations;
(e) cross-border investment between OCTs and their neighbours.
(a) the competent local and other public authorities;
(b) the economic and social partners;
(c) any other appropriate body representing civil society, environmental partners, non-governmental organisations, and bodies responsible for promoting of equality between men and women.
(a) the OCTs’ governmental authorities;
(b) the local authorities within the OCTs;
(c) public service providers and civil society organisations, such as social, business, employers’ and trade union associations, and local, national or international non-governmental organisations;
(d) regional and sub-regional organisations.
(a) an OCTs-EU forum for dialogue (the ‘OCTs-EU Forum’), shall meet annually to bring together OCTs authorities, representatives of the Member States and the Commission. Members of the European Parliament, representatives of the EIB, and representatives of the outermost regions shall, where appropriate, be associated with the OCTs-EU Forum;
(b) on a regular basis, the Commission, the OCTs and the Member States to which they are linked shall hold trilateral consultations. These consultations shall be organised at least four times a year on the initiative of the Commission or at the request of the OCTs and of the Member States to which they are linked;
(c) in agreement between the OCTs, the Member States to which they are linked and the Commission, working parties, acting in an advisory capacity, shall be set up to follow the implementation of the association, in a form appropriate to the issues to be addressed. These working parties may be convened at the request of the Commission, of a Member State or of an OCTs. They shall provide for technical discussions on matters which are of specific concern to the OCTs and the Member States to which they are linked, complementing the work that is being done in the OCTs-EU Forum and/or in the trilateral consultations.
(a) support to the OCTs efforts to define and implement policies, strategies, action plans and measures;
(b) support to OCTs’ efforts to integrate in regional networks and initiatives;
(c) the promotion of sustainable resource use and resource efficiency, and encouragement to the decoupling of economic growth from environmental degradation; and
(d) support to OCTs efforts to act as regional hubs and centres of excellence.
(a) the promotion of the establishment and effective management of marine and terrestrial protected areas and improved management of existing protected areas;
(b) the encouragement of sustainable management of marine and terrestrial resources, which contribute to protecting species, habitats and ecosystem functions outside protected areas, in particular, endangered, vulnerable and rare species;
(c) the strengthening of conservation and sustainable use of marine and terrestrial biodiversity and ecosystems by:(i)addressing the wider ecosystem challenge of climate change by maintaining healthy, resilient ecosystems and fostering green infrastructure and ecosystem- based approaches to climate change adaptation and mitigation which often bring multiple benefits;(ii)strengthening capacities at a local, regional and/or international scale, by promoting exchange of information, knowledge and best practice amongst all stakeholders including public authorities, landowners, private sector, researchers and civil society;(iii)strengthening existing nature conservation programmes and related efforts within and outside conservation areas;(iv)broadening the knowledge base and filling the knowledge gaps, including quantifying the value of ecosystem functions and services; (i) addressing the wider ecosystem challenge of climate change by maintaining healthy, resilient ecosystems and fostering green infrastructure and ecosystem- based approaches to climate change adaptation and mitigation which often bring multiple benefits; (ii) strengthening capacities at a local, regional and/or international scale, by promoting exchange of information, knowledge and best practice amongst all stakeholders including public authorities, landowners, private sector, researchers and civil society; (iii) strengthening existing nature conservation programmes and related efforts within and outside conservation areas; (iv) broadening the knowledge base and filling the knowledge gaps, including quantifying the value of ecosystem functions and services;
(i) addressing the wider ecosystem challenge of climate change by maintaining healthy, resilient ecosystems and fostering green infrastructure and ecosystem- based approaches to climate change adaptation and mitigation which often bring multiple benefits;
(ii) strengthening capacities at a local, regional and/or international scale, by promoting exchange of information, knowledge and best practice amongst all stakeholders including public authorities, landowners, private sector, researchers and civil society;
(iii) strengthening existing nature conservation programmes and related efforts within and outside conservation areas;
(iv) broadening the knowledge base and filling the knowledge gaps, including quantifying the value of ecosystem functions and services;
(i) addressing the wider ecosystem challenge of climate change by maintaining healthy, resilient ecosystems and fostering green infrastructure and ecosystem- based approaches to climate change adaptation and mitigation which often bring multiple benefits;
(ii) strengthening capacities at a local, regional and/or international scale, by promoting exchange of information, knowledge and best practice amongst all stakeholders including public authorities, landowners, private sector, researchers and civil society;
(iii) strengthening existing nature conservation programmes and related efforts within and outside conservation areas;
(iv) broadening the knowledge base and filling the knowledge gaps, including quantifying the value of ecosystem functions and services;
(d) the encouragement and facilitation of regional cooperation in order to address issues such as invasive alien species or the impacts of climate change;
(e) the development of mechanisms to lever resources including payments for ecosystem services.
(a) the support to the efforts of the OCTs towards an effective sustainable management of marine and coastal zones in defining strategic and integrated approaches to marine and coastal zone planning and management;
(b) conciliation of economic and social activities such as fisheries and aquaculture, tourism, maritime transports and agriculture with the potential of marine and coastal zones in terms of renewable energy, raw materials, whilst taking into account impacts of climate change and human activities.
(a) the strengthening of the dialogue on issues of common interest in that field;
(b) the promotion of marine knowledge and biotechnology, ocean energy, maritime surveillance, coastal zone management and an ecosystem based management;
(c) the promotion of integrated approaches at international level.
(a) commitment to responsible fisheries management and fishing practices;
(b) refraining from measures or activities that are inconsistent with the principles of sustainable exploitation of fisheries resources;
(c) without prejudice to existing or future bilateral fisheries partnership agreements between the Union and the OCTs, the Union and the OCTs shall aim to regularly consult each other on the conservation and management of the living marine resources and to exchange information on the ongoing state of resources within the context of the relevant instances of the association provided for in Article 14.
(a) the active promotion of good governance, best practices and responsible fisheries management in the conservation and sustainable management of fish stocks, including fish stocks of common interest and those managed by regional fisheries management organisations;
(b) dialogue and cooperation regarding the conservation of fish stocks including measures to fight illegal, unreported and unregulated fishing and effectively cooperating with and within regional fisheries management organisations. Dialogue and cooperation shall include control and inspection schemes, incentives and obligations for a more effective management of fisheries and coastal environments in the long term.
(a) energy production, distribution and access, in particular, the development, promotion, use and storage of sustainable energy from renewable energy sources;
(b) energy policies and regulations, in particular the formulation of policies and adoption of regulations guaranteeing affordable and sustainable energy tariffs;
(c) energy efficiency, in particular the development and introduction of energy efficiency standards and implementation of energy efficiency measures in different sectors (industrial, commercial, public and households), as well as accompanying educational and awareness activities;
(d) transport, in particular the development, promotion and use of more environmental-friendly public and private transport means such as hybrid, electric or hydrogen vehicles, carpooling and cycling schemes;
(e) town planning and construction, in particular the promotion and introduction of high environment quality standards and high energy performance in urban planning and construction; and
(f) tourism, in particular the promotion of energy self-sufficient (renewable energy based) and/or green tourism infrastructures.
(a) the development of evidence; identification of key risks and territorial, regional and/or international actions, plans, or measures in view of adapting to climate change or mitigating its adverse effects;
(b) the integration of adaptation to climate change and its mitigation in public policies and strategies;
(c) the elaboration and identification of statistical data and indicators, essential tools for policy making and implementation; and
(d) the promotion of the participation of the OCTs in regional and international dialogue in order to foster cooperation, including exchange of knowledge and experience.
(a) the development or perfection of systems, including infrastructures, for disaster prevention and preparedness, including prediction and early-warning systems, with a view to reducing the consequences of disasters;
(b) the development of detailed knowledge of the exposure to the disasters and the current response capacities in the OCTs and in the regions where they are located;
(c) the strengthening of existing measures of disaster prevention and preparation at local, national and regional levels;
(d) the improvement of response capacities of the actors concerned, to render them more coordinated, effective and efficient;
(e) the improvement of awareness-raising and information to the population regarding the exposure to risks, prevention, preparation and the response in the event of disaster, with due attention to the specific needs of persons with disabilities;
(f) the strengthening of collaboration between key actors involved in civil protection; and
(g) the promotion of the participation of the OCTs in regional, European and/or international instances in order to allow a more regular exchange of information and a closer cooperation among the different partners in the event of disaster.
(a) ensure greater access of OCTs to global transport networks; and
(b) ensure greater access of OCTs to information and communication technologies and services.
(a) policy and institution building;
(b) transport by road, rail, air, sea or inland waterway; and
(c) storage facilities in sea- and airports.
(a) the promotion of efficient shipments of cargo at economically and commercially viable rates;
(b) the facilitation of greater OCTs participation in international shipping services;
(c) the encouragement of regional programmes;
(d) the support to local private sector involvement in shipping activities; and
(e) the development of infrastructure.
(a) the reform and modernisation of the OCTs air transport industries;
(b) the promotion of the commercial viability and competitiveness of the OCTs’ air transport industries;
(c) the facilitation of private sector investment and participation; and
(d) the promotion of exchange of knowledge and good business practice.
(a) the implementation of air navigation safety systems;
(b) the implementation of airport security and strengthening of the capacity of civil aviation authorities to manage all aspects of operational security placed under their control; and
(c) the development of infrastructures and human resources.
(a) creation of a predictable regulatory environment that keeps pace with technological developments, stimulates growth and innovation and fosters competition and consumer protection;
(b) dialogue on the various policy aspects regarding the promotion and monitoring of the information society;
(c) exchange of information on standards and interoperability issues;
(d) promotion of cooperation in the field of ICT research and in the field of ICT-based research infrastructures;
(e) development of services and applications in domains of high societal impact.
(a) dialogue, coordination and creation of synergies between OCTs and Union policies and initiatives with regard to science, technology and innovation;
(b) policy and institutional building within OCTs and concerted actions at local, national or regional level, with a view to developing science, technology and innovation activities and their application;
(c) cooperation between legal entities from the OCTs, the Union, the Member States and the third countries;
(d) participation of individual OCTs researchers, research bodies and legal entities from OCTs in the framework for cooperation related to research and innovation programmes within the Union and the Programme for the Competitiveness of Enterprises and small and medium – size enterprises (COSME); and
(e) training and international mobility of OCTs researchers and exchange.
(a) the provision of high quality, inclusive education at primary, secondary and higher education level and in the area of vocational education and training; and
(b) the support to the OCTs in defining and implementing education and vocational training policies.
(a) actions to strengthen preparedness and response capacity against cross-border health threats such as infectious diseases which should be built on existing structures and should target unusual events;
(b) capacity building through strengthening public health networks at regional level, facilitating exchange of information among experts and promoting adequate training;
(c) development of tools and communication platforms as well as e-learning programs adapted to OCTs’ particular needs.
(a) the self-reliant development of the OCTs, this being a process centred on people themselves and rooted in each people’s culture;
(b) the support to the policies and measures adopted by the competent authorities of OCTs to enhance their human resources, increase their own creative capacities and promote their cultural identities;
(c) the participation by the population in the process of development;
(d) the development of a common understanding and enhanced exchange of information on cultural and audiovisual matters through dialogue.
(a) cooperation between the cultural and creative sectors of all partners;
(b) promotion of the circulation of cultural and creative works and operators between them;
(c) policy cooperation in order to foster policy development, innovation, audience building and new business models.
(a) cooperation and exchange between the respective broadcasting industries;
(b) encouraging exchange of audiovisual works;
(c) exchange of information and views on audiovisual and broadcasting policy and regulatory framework between competent authorities;
(d) encouraging visits to and participation in international events held in each other’s territory as well as in third countries.
(a) the facilitation of increased contacts between practitioners of performing arts in areas such as professional exchanges and training including participation in auditions, development of networks and promotion of networking;
(b) the encouragement of joint productions between producers of one or several Member States of the Union and one or several OCTs; and
(c) the encouragement of the development of international theatre technology standards and the use of theatre stage signs, including through appropriate standardisation bodies.
(a) the facilitation of exchanges of experts;
(b) the collaboration on professional training;
(c) the awareness of the local public; and
(d) the counselling on the protection of the historic monuments and protected spaces and on the legislation and implementation of measures related to heritage, in particular its integration into local life.
(a) the development of innovative and effective means of police and judicial cooperation, including cooperation with other stakeholders such as civil society, in the prevention of and fight against organised crime, trafficking in human beings, child sexual abuse and sexual exploitation, terrorism and corruption; and
(b) support in order to increase the efficiency of OCTs’ policies to prevent and fight against organised crime, trafficking in human beings, child sexual abuse and sexual exploitation, terrorism and corruption, as well as the production, distribution and trafficking of all kinds of narcotic drugs and psychotropic substances, preventing and reducing drug use and drug-related harms, taking into account work carried out in these areas by international bodies, through inter alia:(i)training and capacity building in preventing and fighting organised crime, including trafficking in human beings, child sexual abuse and sexual exploitation, terrorism and corruption;(ii)prevention including training, education and health promotion, treatment and rehabilitation of dependent drug users, including projects for the reintegration of dependent drug users into work and social environments;(iii)development of effective enforcement measures;(iv)technical, financial and administrative assistance on the development of effective policies and legislation on trafficking in human beings, in particular awareness raising campaigns, referral mechanisms and victim protection systems, involving all relevant stakeholders and civil society;(v)technical, financial and administrative assistance relating to the prevention, treatment and reduction of harms related to drug use;(vi)technical assistance to support the development of legislation and of policy against child sexual abuse and sexual exploitation; and(vii)technical assistance and training to support capacity building and encourage compliance with international anti-corruption standards notably those set out in the UN Convention against Corruption. (i) training and capacity building in preventing and fighting organised crime, including trafficking in human beings, child sexual abuse and sexual exploitation, terrorism and corruption; (ii) prevention including training, education and health promotion, treatment and rehabilitation of dependent drug users, including projects for the reintegration of dependent drug users into work and social environments; (iii) development of effective enforcement measures; (iv) technical, financial and administrative assistance on the development of effective policies and legislation on trafficking in human beings, in particular awareness raising campaigns, referral mechanisms and victim protection systems, involving all relevant stakeholders and civil society; (v) technical, financial and administrative assistance relating to the prevention, treatment and reduction of harms related to drug use; (vi) technical assistance to support the development of legislation and of policy against child sexual abuse and sexual exploitation; and (vii) technical assistance and training to support capacity building and encourage compliance with international anti-corruption standards notably those set out in the UN Convention against Corruption.
(i) training and capacity building in preventing and fighting organised crime, including trafficking in human beings, child sexual abuse and sexual exploitation, terrorism and corruption;
(ii) prevention including training, education and health promotion, treatment and rehabilitation of dependent drug users, including projects for the reintegration of dependent drug users into work and social environments;
(iii) development of effective enforcement measures;
(iv) technical, financial and administrative assistance on the development of effective policies and legislation on trafficking in human beings, in particular awareness raising campaigns, referral mechanisms and victim protection systems, involving all relevant stakeholders and civil society;
(v) technical, financial and administrative assistance relating to the prevention, treatment and reduction of harms related to drug use;
(vi) technical assistance to support the development of legislation and of policy against child sexual abuse and sexual exploitation; and
(vii) technical assistance and training to support capacity building and encourage compliance with international anti-corruption standards notably those set out in the UN Convention against Corruption.
(i) training and capacity building in preventing and fighting organised crime, including trafficking in human beings, child sexual abuse and sexual exploitation, terrorism and corruption;
(ii) prevention including training, education and health promotion, treatment and rehabilitation of dependent drug users, including projects for the reintegration of dependent drug users into work and social environments;
(iii) development of effective enforcement measures;
(iv) technical, financial and administrative assistance on the development of effective policies and legislation on trafficking in human beings, in particular awareness raising campaigns, referral mechanisms and victim protection systems, involving all relevant stakeholders and civil society;
(v) technical, financial and administrative assistance relating to the prevention, treatment and reduction of harms related to drug use;
(vi) technical assistance to support the development of legislation and of policy against child sexual abuse and sexual exploitation; and
(vii) technical assistance and training to support capacity building and encourage compliance with international anti-corruption standards notably those set out in the UN Convention against Corruption.
(a) measures aiming at defining, adapting and developing sustainable tourism policies;
(b) measures and operations to develop and support sustainable tourism;
(c) measures aiming at integrating sustainable tourism into the social, cultural and economic life of OCTs citizens.
(a) promote the economic and social development of the OCTs by establishing close economic relations between them and the Union as a whole;
(b) stimulate the OCTs’ effective integration in the regional and world economies and the development of trade in goods and services;
(c) support OCTs in creating a favourable investment climate to support social and economic development of OCTs;
(d) promote the stability, integrity and transparency of the global financial system, and good governance in the tax area;
(e) support the process of diversification of OCTs economies;
(f) support OCTs capacities to formulate and implement policies necessary for the development of their trade in goods and services;
(g) support the OCTs’ export and trading capacities;
(h) support OCTs’ efforts to align or converge their local legislation with Union legislation, where relevant;
(i) provide possibilities for targeted cooperation and dialogue with the Union on trade and trade-related areas.
(a) Regulation (EC) No 1013/2006 of the European Parliament and of the Council(4), as follows:—Article 40 as regards exports of waste to overseas countries or territories;—Article 46 as regards imports of waste from overseas countries or territories; — Article 40 as regards exports of waste to overseas countries or territories; — Article 46 as regards imports of waste from overseas countries or territories;
— Article 40 as regards exports of waste to overseas countries or territories;
— Article 46 as regards imports of waste from overseas countries or territories;
— Article 40 as regards exports of waste to overseas countries or territories;
— Article 46 as regards imports of waste from overseas countries or territories;
(b) Commission Regulation (EC) No 1418/2007(5); and
(c) Directive 2000/59/EC of the European Parliament and of the Council(6)subject to the time limits for transposition laid down in Article 16 thereof.
(a) ‘natural person from an OCTs’ means a person ordinarily resident in an OCTs who is a national of a Member State or who enjoys a legal status specific to an OCTs. This definition is without prejudice to the rights conferred by citizenship of the Union within the meaning of the TFEU;
(b) ‘legal person of an OCTs’ means a legal person of the OCTs set up in accordance with the laws applicable in a given OCTs, and having its registered office, its central administration, or its principal place of business in the territory in this OCTs; should the legal person have only its registered office or central administration in the OCTs, it shall not be considered as a legal person of the OCTs, unless it engages in an activity which has a real and continuous link with the economy of that country or territory;
(c) the respective definitions laid down in the economic integration agreements referred to in Article 51(1) shall apply to the treatment accorded between the Union and the OCTs.
(a) the Union shall accord to natural and legal persons of the OCTs a treatment no less favourable than the most favourable treatment applicable to like natural and legal persons of any third country with whom the Union concludes or has concluded an economic integration agreement;
(b) an OCTs shall accord to the natural and legal persons of the Union a treatment no less favourable than the most favourable treatment applicable to like natural and legal persons of any major trading economy with whom it has concluded an economic integration agreement after 1 January 2014.
(a) in the framework of an internal market requiring the parties thereto to significantly approximate their legislation with a view to removing non-discriminatory obstacles to establishment and to trade in services;
(b) under measures providing for recognition of qualifications, licences or prudential measures in accordance with Article VII of the General Agreement on Trade in Services (GATS) or the GATS Annex on Financial Services. This is without prejudice to OCTs specific measures under this Article;
(c) under any international agreement or arrangement relating wholly or mainly to taxation;
(d) under measures benefiting from the coverage of a most-favoured nation exemption listed in accordance with Article II.2 of the GATS.
(a) promoting the implementation of measures to combat illegal, unreported and unregulated fishing and related trade in OCTs;
(b) facilitating cooperation between OCTs and regional fisheries management organisations, in particular with respect to the development and effective implementation of control and inspection schemes, incentives and measures for effective long term management of fisheries and marine ecosystems.
(a) facilitating and promoting trade and investment in environmental goods and services including through the elaboration and implementation of local legislation, as well as in those goods that contribute to the improvement of social conditions in OCTs;
(b) facilitating the removal of obstacles to trade or investment regarding goods and services of particular relevance for climate change mitigation, such as sustainable renewable energy and energy efficient products and services, including through the adoption of policy frameworks conducive to the deployment of best available technologies and through the promotion of standards that respond to environmental and economic needs and minimise technical obstacles to trade;
(c) promoting trade in goods that contribute to social conditions and environmentally sound practices, including goods that are the subject of voluntary sustainability assurance schemes such as fair and ethical trade schemes, eco-labels, and certification schemes for natural resource -based products;
(d) promoting internationally recognised principles and guidelines in the area of corporate social responsibility, and encourage companies operating in the territory of OCTs to implement them;
(e) exchanging information and best practices in the area of corporate social responsibility.
(a) facilitating trade between the Union and the OCTs as a whole and between OCTs and third countries, whilst safeguarding human, animal and plant health or life in accordance with the WTO Agreement on the Application of Sanitary and Phytosanitary Measures (the ‘WTO SPS Agreement’);
(b) addressing problems arising from sanitary and phyto-sanitary measures;
(c) ensuring transparency as regards sanitary and phyto-sanitary measures applicable to trade between the Union and the OCTs;
(d) promoting the harmonisation of measures with international standards, in accordance with the WTO SPS Agreement;
(e) supporting the effective participation of OCTs in organisations that set international sanitary and phyto-sanitary standards;
(f) promoting consultation and exchanges between OCTs and European institutes and laboratories;
(g) establishing and enhancing OCTs technical capacity to implement and monitor sanitary and phyto-sanitary measures;
(h) promoting technology transfer in the area of sanitary and phyto-sanitary measures.
(a) the contract shall not be subject in the beneficiary OCTs to stamp or registration duties or to fiscal charges having equivalent effect, whether such charges already exist or are to be instituted in the future; however, such contracts shall be registered in accordance with the laws in force in the OCTs and a fee corresponding to the service rendered may be charged for it;
(b) profits and/or income arising from the performance of contracts shall be taxable according to the internal fiscal arrangements of the beneficiary OCTs, provided that the natural persons or legal persons who realise such profit and/or income have a permanent place of business in that OCTs, or that the performance of the contract takes longer than six months;
(c) enterprises which must import equipment in order to carry out works contracts shall, if they so request, benefit from the system of temporary admission as laid down by the legislation of the beneficiary OCTs in respect of that equipment;
(d) professional equipment necessary for carrying out tasks defined in a service contract shall be temporarily admitted into the beneficiary OCTs free of fiscal, import and customs duties and of other charges having equivalent effect where these duties and charges do not constitute remuneration for services rendered;
(e) imports under supply contracts shall be admitted into the beneficiary OCTs without customs duties, import duties, taxes or fiscal charges having equivalent effect. The contract for supplies originating in the OCTs concerned shall be concluded on the basis of the ex-works price of the supplies, to which may be added such internal fiscal charges as may be applicable to those supplies in the OCTs;
(f) fuels, lubricants and hydrocarbon binders and all materials used in the performance of works contracts shall be deemed to have been purchased on the local market and shall be subject to fiscal rules applicable under the legislation in force in the beneficiary OCTs;
(g) personal and household effects imported for use by natural persons, other than those recruited locally, engaged in carrying out tasks defined in a service contract and members of their families, shall be exempt from customs or import duties, taxes and other fiscal charges having equivalent effect, within the limits of the legislation in force in the beneficiary OCTs.
(a) increasing the OCTs’ competitiveness, self-reliance and economic resilience, through diversifying the range and increasing the value and volume of OCTs trade in goods and services and by strengthening the OCTs’ ability to attract private investments in various sectors of economic activity;
(b) improving cooperation in trade in goods, services and establishment between the OCTs and neighbouring countries.
(a) strengthening the OCTs’ capacities to define and implement policies necessary for the development of trade in goods and services;
(b) encouraging the efforts of OCTs to put into place appropriate legal, regulatory and institutional frameworks as well as the necessary administrative procedures;
(c) promoting private sector development, in particular SMEs;
(d) facilitating market and product development, including product quality improvement;
(e) contributing to the development of human resources and professional skills relevant to trade in goods and services;
(f) enhancing the capacity of business intermediaries to provide OCTs enterprises services pertinent to their exporting activities, such as market intelligence;
(g) contributing to the creation of a business climate conducive to investment.
(a) the provision of effective and adequate protection of investors and other consumers of financial services;
(b) the prevention and combat of money laundering and financing of terrorism;
(c) the promotion of cooperation between different actors of the financial system, including regulators and supervisors;
(d) the setup of independent and effective mechanisms for supervision of financial services.
(a) adequate financial resources and appropriate technical assistance aimed at strengthening the OCTs’ capacities to formulate and implement strategic and regulatory frameworks;
(b) long term financing to promote private sector growth.
(a) ‘programmable aid’ means the non-repayable aid under the European Development Fund allocated to the OCTs in order to finance territorial or regional strategies and priorities set out in programming documents;
(b) ‘programming’ means the process of organisation, decision-making and allocation of indicative financial resources intended to implement, on a multi-annual basis, in an area referred to in Part Two of this Decision, the action to achieve the association’s objectives for the sustainable development of the OCTs;
(c) ‘programming document’ means the document which sets out the OCTs’s strategy, priorities and arrangements and translates the objectives and targets of the OCTs for its sustainable development in an effective and efficient way to pursue the objectives of the association;
(d) ‘development plans’ referred to in Article 83 means a coherent set of operations defined and financed exclusively by the OCTs in the framework of their own policies and strategies of development, and those agreed upon between an OCTs and the Member State to which it is linked;
(e) ‘territorial allocation’ means the amount allocated to individual OCTs for the programmable aid under the European Development Fund in order to finance territorial strategies and priorities set out in programming documents;
(f) ‘regional allocation’ means the amount allocated for the programmable aid under the European Development Fund in order to finance regional cooperation strategies or thematic priorities common to several OCTs and set out in programming documents;
(g) ‘financing decision’ means the act adopted by the Commission specifying the details of the Union’s financial contribution and authorizing to grant financial aid from the European Development Fund.
(a) be implemented with due regard to the OCTs respective geographical, social and cultural characteristics, as well as their specific potential;
(b) ensure that resource flows are accorded on a predictable and regular basis;
(c) be flexible and tailored to the situation in each OCTs; and
(d) be conducted in full compliance with the respective institutional, legal and financial powers of each of the partners.
(a) resources allocated for the OCTs under the Internal Agreement between the Member States of the Union establishing the 11th European Development Fund (EDF);
(b) the Union programmes and instruments provided for in the Union’s general budget; and
(c) funds managed by the EIB under the EIB’s own resources, and the resources allocated to the EDF Investment Facility, in accordance with the conditions of the Internal Agreement between the Member States of the Union establishing the 11th EDF(7)(the ‘11th EDF Internal Agreement’).
(a) sector policies and reforms as well as projects that are in coherence with them;
(b) institutional development, capacity building and integration of environmental aspects;
(c) technical cooperation; and
(d) additional support in the event of fluctuations in export earnings from exports of goods and services referred in Article 82.
(a) save human lives, prevent and alleviate suffering and maintain human dignity in crisis and post-crisis situations;
(b) contribute to the financing and delivery of humanitarian aid and to the direct access to it of its intended beneficiaries by all logistical means available;
(c) carry out short-term rehabilitation and reconstruction to enable the victims to benefit from a minimum of socioeconomic integration and, as soon as possible, create the conditions for a resumption of development on the basis of long-term objectives;
(d) address the needs arising from the displacement of people, such as refugees, displaced persons and returnees, following natural or man-made disasters so as to meet, for as long as necessary, all the needs of refugees and displaced persons, regardless of where they are located, and facilitate action for their voluntary repatriation and re-integration in their country of origin; and
(e) assist the OCTs in setting up short term disaster prevention and preparedness mechanisms, including for prediction and early warning, with a view to reducing the consequences of disasters.
(a) establishing their priorities on which the strategy shall be based; and
(b) formulating project and programme proposals submitted to and examined with the Commission.
(a) preparing, negotiating and concluding contracts;
(b) implementing and managing projects and programmes; and
(c) maintaining projects and programmes and ensuring their sustainability.
(a) ensuring equality of conditions for participation in invitations to tender and contracts;
(b) monitoring and evaluating the effects and results of projects and programmes; and
(c) ensuring the proper, prompt and efficient execution of projects and programmes.
(a) be responsible for the coordination, programming, regular monitoring and reviews of implementation of cooperation, and for coordination with donors;
(b) in close cooperation with the Commission, be responsible for the preparation, submission and appraisal of programmes and projects.
(a) technical adjustments and alterations to programmes and projects in matters of detail so long as they do not affect the technical solution adopted and remain within the limits of the reserve for adjustments provided for in the financing agreement;
(b) changes of site for multiple-unit programmes or projects where justified on technical, economic or social grounds;
(c) imposition or remission of penalties for delay;
(d) acts discharging guarantors;
(e) subcontracting;
(f) final acceptance, provided that the Commission has endorsed the provisional acceptance, the corresponding minutes and, where appropriate, is present at the final acceptance, in particular where the extent of the reservations recorded at the provisional acceptance necessitates major additional work; and hiring of consultants and other technical assistance experts.
(a) draft Programming Documents and any amendments to them; and
(b) the financing decisions for implementing this Part of the Decision.
(a) Participation in the award of procurement contracts, grants and other award procedures for actions financed under this Decision for the benefit of third parties shall be open to all natural persons who are nationals of, and legal persons which are effectively established in, an eligible country or territory as defined in paragraph 2, and to International Organisations.
(b) In the case of actions jointly co-financed with a partner or other donor or implemented through a Member State in shared management or through a Trust Fund established by the Commission, countries which are eligible under the rules of that partner, other donor or Member State or determined in the constitutive act of the trust fund, shall also be eligible.In the case of actions implemented through entrusted bodies, which are Member States or their agencies, the European Investment Bank or through International Organisations or their agencies, natural and legal persons who are eligible under the rules of that entrusted body, as identified in the agreements concluded with the co-financing or implementing body, shall also be eligible.
(c) In the case of actions financed under this Decision and, in addition, under another Instrument for external action, including the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States, of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000(9), as last amended in Ouagadougou on 22 June 2010(10), the countries identified under any of these Instruments shall be considered eligible for the purpose of that action.In the case of actions of a global, regional or cross-border nature financed under this Decision, natural and legal persons from countries, territories and regions covered by the action may participate in the procedures implementing such actions.
(d) All supplies purchased under a procurement contract, or in accordance with a grant agreement, financed under this Decision shall originate from an eligible country or territory. However, they may originate from any country or territory when the amount of the supplies to be purchased is below the threshold for the use of the competitive negotiated procedure. For the purposes of this Article, the term ‘origin’ is defined in Article 23 and 24 of Council Regulation (EEC) No 2913/92(11)and other Union legislation governing non-preferential origin.
(e) The rules under this Article do not apply to, and do not create nationality restrictions for, natural persons employed or otherwise legally contracted by an eligible contractor or, where applicable, subcontractor.
(f) Eligibility as defined in this Article may be restricted with regard to the nationality, localisation or nature of applicants, where required by the nature and the objectives of the action and as necessary for its effective implementation.
(g) Natural and legal persons who have been awarded contracts shall respect applicable environmental legislation including multilateral environmental agreements as well as internationally agreed core labour standards.
(a) Member States, candidate countries and potential candidates as recognised by the Union, and members of the European Economic Area;
(b) OCTs;
(c) developing countries and territories, as included in the OECD-DAC list of ODA Recipients, which are not members of the G-20 group;
(d) countries for which reciprocal access to external assistance is established by the Commission. Reciprocal access may be granted, for a limited period of at least one year, whenever a country grants eligibility on equal terms to entities from the Union and from OCTs;
(e) Member States of the OECD, in the case of contracts implemented in a Least Developed Country;
(f) when announced in advance in the documents of the procedure:(i)countries having traditional economic, trade or geographical links with neighbouring beneficiary countries;(ii)all countries, in the case of urgency or of unavailability of products and services in the markets of the eligible countries. (i) countries having traditional economic, trade or geographical links with neighbouring beneficiary countries; (ii) all countries, in the case of urgency or of unavailability of products and services in the markets of the eligible countries.
(i) countries having traditional economic, trade or geographical links with neighbouring beneficiary countries;
(ii) all countries, in the case of urgency or of unavailability of products and services in the markets of the eligible countries.
(i) countries having traditional economic, trade or geographical links with neighbouring beneficiary countries;
(ii) all countries, in the case of urgency or of unavailability of products and services in the markets of the eligible countries.
(a) ensuring that management and control systems exist and function properly in the OCTs concerned so as to ensure that the Union funds are used correctly and effectively; and
(b) in the event of irregularities, sending recommendations or requests for corrective measures to remedy those irregularities and rectify any management shortcomings found.
(a) the OCTs concerned shall be responsible in the first instance for detecting and correcting financial irregularities;
(b) however, in the event of shortcomings by the OCTs concerned, the Commission shall take action, if the OCTs fails to remedy the situation and attempts at conciliation are unsuccessful, to reduce or withdraw the balance of the overall allocation corresponding to the financing decision of the Programming Document.
(a) local, national and/or regional public or semi-public agencies, departments or local authorities of the OCTs and in particular their financial institutions and development banks;
(b) companies and firms of the OCTs and of regional groups;
(c) companies and firms of a Member State, so as to enable them, in addition to their own contribution, to undertake productive projects in the territory of an OCTs;
(d) OCTs or Union financial intermediaries promoting and financing private investments in the OCTs; and
(e) actors of decentralised cooperation and other non-governmental actors from OCTs and from the Union, to enable them to undertake economic, cultural, social and educational projects and programmes in the OCTs in the framework of decentralised cooperation, as referred to in Article 12.
(a) two or more OCTs regardless of their location;
(b) one or more OCTs and one or more outermost regions referred to in Article 349 TFEU;
(c) one or more OCTs and one or more neighbouring ACP and/or non-ACP States;
(d) one or more OCTs, one or more outermost regions and one or more ACP and/or non-ACP States;
(e) two or more regional bodies of which OCTs are members;
(f) one or more OCTs and regional bodies of which OCTs, ACP States or one or more of the outermost regions are members;
(g) the OCTs and the Union as a whole; or
(h) one or more entities, authorities or other bodies from at least one OCTs, being members of an EGTC in accordance with Article 8, one or more outermost regions and one or more neighbouring ACP and/or non-ACP States.
(a) the centre of gravity of the projects and programmes funded under the multi-annual financial framework of cooperation remains in an OCTs;
(b) equivalent provisions exist in the framework of the Union’s financial instruments; and
(c) the principle of proportionality is respected.
(a) an OCTs becomes independent;
(b) an OCTs leaves the association;
(c) an OCTs becomes an outermost region;
(d) an outermost region becomes an OCTs.
— Falkland Islands
— Saint Helena, Ascension Island, Tristan da Cunha
— St Pierre and Miquelon
(a) EUR 351 million in the form of grants for programmable support for long-term development, humanitarian aid, emergency aid, refugee aid and additional support in the event of fluctuations in export earnings as well as for support for regional cooperation and integration;
(b) EUR 5 million to finance interest subsidies and technical assistance in the context of the OCTs Investment Facility referred to in Annex IV;
(c) EUR 8,5 million to studies or technical assistance measures in accordance with Article 80 of this Decision, and to an overall evaluation of the Decision to be made four years before it expires, at the latest.
1. An amount A of EUR 229,5 million shall be allocated to the OCTs other than Greenland in particular to finance the initiatives referred to in the programming document. Where appropriate, the programming document shall pay particular attention to actions aimed at strengthening governance and the institutional capacities of the beneficiary OCTs and, where relevant, the likely timetable of the envisaged actions.The allocation of amount A shall take into account the size of the population, the level of Gross Domestic Product (GDP), the level of previous EDF allocations and constraints due to the geographical isolation of OCTs as mentioned in Article 9 of this Decision. Any allocation shall be such as to allow its effective use. It should be decided in conformity with the principle of subsidiarity.
2. EUR 100 million shall be allocated to support regional cooperation and integration in accordance with Article 7 of this Decision, in particular regarding the priorities and areas of mutual interests referred to in Article 5 of this Decision and through consultation via the instances of the EU-OCTs partnership referred to in Article 14 of this Decision. It shall seek coordination with other Union financial instruments, cooperation between the OCTs and the outermost regions referred to in Article 349 TFEU.
3. A non-allocated reserve B of EUR 21,5 million shall be set aside to:(a)finance humanitarian and emergency assistance for the OCTs and, if necessary, the additional support in the event of fluctuations in export earnings, in accordance with Annex IV;(b)make new allocations in accordance with the development of the needs and performance of the OCTs referred to under paragraph 1.Performance shall be evaluated in an objective and transparent way, taking into account, inter alia, the use of the allocated resources, the effective implementation of the ongoing operations and the sustainable development measures adopted. (a) finance humanitarian and emergency assistance for the OCTs and, if necessary, the additional support in the event of fluctuations in export earnings, in accordance with Annex IV; (b) make new allocations in accordance with the development of the needs and performance of the OCTs referred to under paragraph 1.
(a) finance humanitarian and emergency assistance for the OCTs and, if necessary, the additional support in the event of fluctuations in export earnings, in accordance with Annex IV;
(b) make new allocations in accordance with the development of the needs and performance of the OCTs referred to under paragraph 1.
(a) finance humanitarian and emergency assistance for the OCTs and, if necessary, the additional support in the event of fluctuations in export earnings, in accordance with Annex IV;
(b) make new allocations in accordance with the development of the needs and performance of the OCTs referred to under paragraph 1.
4. The Commission, following a mid-term review, may decide on the allocation of any non-allocated funds mentioned in this Article. The procedures for this review and the decision on any new allocation shall be adopted in accordance with Article 87 of this Decision.
(a) contribute, through the resources it manages, to the economic and industrial development of the OCTs on a territorial and regional basis and, to this end, finance as a priority productive projects or other investments aimed at promoting the private sector in all economic sectors;
(b) establish close cooperation links with national and regional development banks and with banking and financial institutions of the OCTs and of the Union;
(c) in consultation with the OCTs concerned, adapt the arrangements and procedures for implementing development finance cooperation, as set out in this Decision, if necessary, to take account of the nature of the projects and to act in accordance with the objectives of this Decision, within the framework of the procedures laid down by its statute.
(a) the reference rate of interest shall be the rate applied by the EIB for a loan with the same conditions as to currency, repayment period and securities on the day of signature of the contract or on the date of disbursement;
(b) however:(i)in principle, public sector projects shall be eligible for an interest rate subsidy of 3 %;(ii)for private sector projects which involve restructuring operations in the framework of privatisation or for projects with substantial and clearly demonstrable social or environmental benefits, loans may be extended with an interest rate subsidy the amount and form of which will be decided with respect to the particular characteristics of the project. However, the interest rate subsidy shall not be higher than 3 %.(iii)the final interest rate shall, in any case, never be less than 50 % of the reference rate. (i) in principle, public sector projects shall be eligible for an interest rate subsidy of 3 %; (ii) for private sector projects which involve restructuring operations in the framework of privatisation or for projects with substantial and clearly demonstrable social or environmental benefits, loans may be extended with an interest rate subsidy the amount and form of which will be decided with respect to the particular characteristics of the project. However, the interest rate subsidy shall not be higher than 3 %. (iii) the final interest rate shall, in any case, never be less than 50 % of the reference rate.
(i) in principle, public sector projects shall be eligible for an interest rate subsidy of 3 %;
(ii) for private sector projects which involve restructuring operations in the framework of privatisation or for projects with substantial and clearly demonstrable social or environmental benefits, loans may be extended with an interest rate subsidy the amount and form of which will be decided with respect to the particular characteristics of the project. However, the interest rate subsidy shall not be higher than 3 %.
(iii) the final interest rate shall, in any case, never be less than 50 % of the reference rate.
(i) in principle, public sector projects shall be eligible for an interest rate subsidy of 3 %;
(ii) for private sector projects which involve restructuring operations in the framework of privatisation or for projects with substantial and clearly demonstrable social or environmental benefits, loans may be extended with an interest rate subsidy the amount and form of which will be decided with respect to the particular characteristics of the project. However, the interest rate subsidy shall not be higher than 3 %.
(iii) the final interest rate shall, in any case, never be less than 50 % of the reference rate.
(c) the amount of the interest rate subsidy calculated in terms of its value at the times of disbursement of the loan shall be charged against the interest subsidy allocation laid down in Article 2(11) of Annex IV, and paid directly to the EIB. Interest subsidies may be capitalised or used in the form of grants to support project-related technical assistance, particularly for financial institutions in the OCTs.
(d) the repayment period of loans made by the EIB from its own resources shall be determined on the basis of the economic and financial characteristics of the project, but may not exceed 25 years. These loans shall normally comprise a grace period fixed by reference to the construction period of the project.
(a) grant exemption from all national or local duties, fiscal charges on interest, commission and amortisation of loans due in accordance with the law or laws of the OCTs concerned;
(b) place at the disposal of the beneficiaries the currency necessary for the payment of interest, commission and the amortisation of loans due in terms of financing contracts granted for the implementation of projects on their territories;
(c) make available to the EIB the foreign currency necessary for the transfer of all sums received by it in national currency at the exchange rate applicable between the euro or other currencies of transfer and the national currency at the date of the transfer. These include all forms of remuneration, such as, inter alia, interest, dividends, commissions and fees, as well as the amortisation of loans and the proceeds from the sale of shares due in terms of financing contracts granted for the implementation of projects on their territories.
(a) provide risk capital in the form of:(i)equity participation in OCTs enterprises, based or not in an OCTs, including financial institutions;(ii)quasi-capital assistance to OCTs enterprises, including financial institutions;(iii)guarantees and other credit enhancements which may be used to cover political and other investment-related risks, both for foreign and local investors or lenders; (i) equity participation in OCTs enterprises, based or not in an OCTs, including financial institutions; (ii) quasi-capital assistance to OCTs enterprises, including financial institutions; (iii) guarantees and other credit enhancements which may be used to cover political and other investment-related risks, both for foreign and local investors or lenders;
(i) equity participation in OCTs enterprises, based or not in an OCTs, including financial institutions;
(ii) quasi-capital assistance to OCTs enterprises, including financial institutions;
(iii) guarantees and other credit enhancements which may be used to cover political and other investment-related risks, both for foreign and local investors or lenders;
(i) equity participation in OCTs enterprises, based or not in an OCTs, including financial institutions;
(ii) quasi-capital assistance to OCTs enterprises, including financial institutions;
(iii) guarantees and other credit enhancements which may be used to cover political and other investment-related risks, both for foreign and local investors or lenders;
(b) provide ordinary loans.
(a) conditional loans, the servicing and/or the duration of which shall be linked to the fulfilment of certain conditions with regard to the performance of the project; in the specific case of conditional loans for pre-investment studies or other project-related technical assistance, servicing may be waived if the investment is not carried out;
(b) participating loans, the servicing and/or the duration of which shall be linked to the financial return of the project;
(c) subordinated loans, which shall be repaid only after other claims have been settled.
(a) in the case of conditional or participating loans, the remuneration shall normally comprise a fixed interest rate of not more than 3 % and a variable component related to the performance of the project;
(b) in the case of subordinated loans, the interest rate shall be market related.
(a) for infrastructure projects in the least developed OCTs, in post-conflict OCTs or in post-natural disaster OCTs that are prerequisites for private sector development. In such cases, the interest rate of the loan will be reduced by 3 %;
(b) for projects which involve restructuring operations in the framework of privatisation or for projects with substantial and clearly demonstrable social or environmental benefits. In such cases, loans may be extended with an interest rate subsidy the amount and form of which will be decided with respect to the particular characteristics of the project. However, the interest rate subsidy shall not be higher than 3 %.
(a) be managed as a revolving fund and aim at being financially sustainable. Its operations shall be on market-related terms and conditions and shall avoid creating distortions on local markets and displacing private sources of finances;
(b) support the OCTs financial sector and have a catalytic effect by encouraging the mobilisation of long-term local resources and attracting foreign private investors and lenders to projects in the OCTs;
(c) bear part of the risk of the projects it funds, its financial sustainability being ensured through the portfolio as a whole and not from individual operations;
(d) seek to channel funds through OCTs institutions and programmes that promote the development of small and medium-sized enterprises (SMEs).
(a) in the case of equity participation designed to strengthen an enterprise’s own funds, the exchange rate risk shall, as a general rule, be borne by the Facility;
(b) in the case of risk capital financing for SMEs, the exchange rate risk shall as a general rule be shared, on the one hand, by the Union, and on the other hand, by the other parties involved. On average, the foreign exchange rate risk shall be shared equally;
(c) where feasible and appropriate, particularly in countries characterised by macroeconomic and financial stability, the Facility will endeavour to extend loans in local OCTs currencies, thus taking the foreign exchange risk.
(a) a 10 %, or 2 % in the case of isolated OCTs as mentioned in Annex I, loss of export earnings from goods compared with the arithmetical average of the earnings in the first three years of the first four years preceding the application year; or
(b) a 10 %, or 2 % in the case of isolated OCTs as mentioned in Annex I, loss of export earnings from the total of agricultural, fisheries or mineral products compared with the arithmetical average of the earnings in the first three years of the first four years preceding the application year for countries where the agricultural, fisheries or mineral export revenues represent more than 40 % of total export revenues from goods.
TITLE I GENERAL PROVISIONS 37
TITLE II DEFINITION OF THE CONCEPT OF ORIGINATING PRODUCTS 38
TITLE III TERRITORIAL REQUIREMENTS 44
TITLE IV PROOFS OF ORIGIN SECTION 1 RULES APPLYING FROM THE ENTRY INTO FORCE OF THE OAD 45
TITLE V ARRANGEMENTS FOR ADMINISTRATIVE COOPERATION 53
TITLE VI CEUTA AND MELILLA 57
TITLE VII FINAL PROVISIONS 57
Appendices I to XIII 59
(a) ‘EPA countries’ means regions or states which are part of the African, Caribbean and Pacific (ACP) Group of States and which have concluded agreements establishing, or leading to the establishment of, Economic Partnership Agreements (EPA), when such an EPA is either provisionally applied, or enters into force, whichever is the earlier;
(b) ‘manufacture’ means any kind of working or processing including assembly;
(c) ‘material’ means any ingredient, raw material, component or part, etc., used in the manufacture of the product;
(d) ‘product’ means the product being manufactured, even if it is intended for later use in another manufacturing operation;
(e) ‘goods’ means both materials and products;
(f) ‘fungible materials’ means materials that are of the same kind and commercial quality, with the same technical and physical characteristics, and which cannot be distinguished from one another once they are incorporated into the finished product;
(g) ‘customs value’ means the value as determined in accordance with the 1994 Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade (WTO Agreement on Customs Valuation);
(h) ‘value of materials’ in the list in Appendix II means the customs value at the time of importation of the non-originating materials used, or, if this is not known and cannot be ascertained, the first ascertainable price paid for the materials in the OCTs. Where the value of the originating materials used needs to be established, this point shall be appliedmutatis mutandis;
(i) ‘ex-works price’ means the price paid for the product ex-works to the manufacturer in whose undertaking the last working or processing is carried out, provided that the price includes the value of all the materials used and all other costs related to its production, minus any internal taxes which are, or may be, repaid when the product obtained is exported.Where the actual price paid does not reflect all costs related to the manufacturing of the product which are actually incurred in the OCTs, the ex-works price means the sum of all those costs, minus any internal taxes which are, or may be, repaid when the product obtained is exported.For the purpose of this definition, where the last working or processing has been subcontracted to a manufacturer, the term ‘manufacturer’ referred to in the first subparagraph of this paragraph may refer to the enterprise that has employed the subcontractor.
(j) ‘maximum content of non-originating materials’ means the maximum content of non-originating materials which is permitted in order to consider a manufacture as working or processing sufficient to confer originating status on the product. It may be expressed as a percentage of the ex-works price of the product or as a percentage of the net weight of these materials used falling under a specified group of chapters, chapter, heading or sub-heading;
(k) ‘net weight’ means the weight of the goods themselves without packing materials and packing containers of any kind;
(l) ‘chapters’, ‘headings’ and ‘sub-headings’ mean the chapters, the headings and sub-headings (four- or six-digit codes) used in the nomenclature which makes up the Harmonised Commodity Description and Coding System (Harmonised System) with the changes pursuant to the Recommendation of 26 June 2004 of the Customs Cooperation Council;
(m) ‘classified’ refers to the classification of a product or material under a particular heading or sub-heading of the Harmonised System;
(n) ‘consignment’ means products which are either:(i)sent simultaneously from one exporter to one consignee; or(ii)covered by a single transport document covering their shipment from the exporter to the consignee or, in the absence of such document, by a single invoice. (i) sent simultaneously from one exporter to one consignee; or (ii) covered by a single transport document covering their shipment from the exporter to the consignee or, in the absence of such document, by a single invoice.
(i) sent simultaneously from one exporter to one consignee; or
(ii) covered by a single transport document covering their shipment from the exporter to the consignee or, in the absence of such document, by a single invoice.
(i) sent simultaneously from one exporter to one consignee; or
(ii) covered by a single transport document covering their shipment from the exporter to the consignee or, in the absence of such document, by a single invoice.
(o) ‘exporter’ means a person exporting the goods to the Union or to an OCTs who is able to prove the origin of the goods, whether or not the person is the manufacturer and whether or not they themselves carry out the export formalities;
(p) ‘registered exporter’ means an exporter who is registered with the competent authorities of the OCTs concerned or of the Union for the purpose of making out statements on origin for the purpose of exporting under this Decision;
(q) ‘statement on origin’ means a statement made out by the exporter indicating that the products covered by it comply with the rules of origin of this Annex, for the purpose of allowing either the person declaring the goods for release for free circulation in the Union to claim the benefit of preferential tariff treatment or the economic operator in a OCTs importing materials for further processing in the context of cumulation rules to prove the originating status of such goods;
(r) ‘GSP country’ means a country or territory as defined in Article 2(d) of Regulation (EU) No 978/2012 of the European Parliament and of the Council(1).
(a) products wholly obtained in an OCTs within the meaning of Article 3 of this Annex;
(b) products obtained in an OCTs incorporating materials which have not been wholly obtained there, provided that such materials have undergone sufficient working or processing within the meaning of Article 4 of this Annex.
(a) mineral products extracted from its soil or from its seabed;
(b) plants and vegetable products grown or harvested there;
(c) live animals born and raised there;
(d) products from live animals raised there;
(e) products from slaughtered animals born and raised there;
(f) products obtained by hunting or fishing conducted there;
(g) products of aquaculture where the fish, crustaceans and molluscs are born there or raised there from eggs, larvae or fry;
(h) products of sea fishing and other products taken from the sea outside any territorial sea by its vessels;
(i) products made on board its factory ships exclusively from the products referred to in point (h);
(j) used articles collected there fit only for the recovery of raw materials;
(k) waste and scrap resulting from manufacturing operations conducted there;
(l) products extracted from the seabed or below the seabed which is situated outside any territorial sea but where it has exclusive exploitation rights;
(m) goods produced there exclusively from products specified in points (a) to (l).
(a) they are registered in an OCTs or in a Member State;
(b) they sail under the flag of an OCTs or of a Member State;
(c) they meet one of the following conditions:(i)they are at least 50 % owned by nationals of the OCTs or of Member States; or(ii)they are owned by companies which have their head office and their main place of business in the OCTs or in Member States, and which are at least 50 % owned by OCTs, public entities of that country, nationals of that country or of Member States. (i) they are at least 50 % owned by nationals of the OCTs or of Member States; or (ii) they are owned by companies which have their head office and their main place of business in the OCTs or in Member States, and which are at least 50 % owned by OCTs, public entities of that country, nationals of that country or of Member States.
(i) they are at least 50 % owned by nationals of the OCTs or of Member States; or
(ii) they are owned by companies which have their head office and their main place of business in the OCTs or in Member States, and which are at least 50 % owned by OCTs, public entities of that country, nationals of that country or of Member States.
(i) they are at least 50 % owned by nationals of the OCTs or of Member States; or
(ii) they are owned by companies which have their head office and their main place of business in the OCTs or in Member States, and which are at least 50 % owned by OCTs, public entities of that country, nationals of that country or of Member States.
(a) preserving operations to ensure that the products remain in good condition during transport and storage;
(b) breaking-up and assembly of packages;
(c) washing, cleaning; removal of dust, oxide, oil, paint or other coverings;
(d) ironing or pressing of textiles and textile articles;
(e) simple painting and polishing operations;
(f) husking and partial or total milling of rice; polishing and glazing of cereals and rice;
(g) operations to colour or flavour sugar or form sugar lumps; partial or total milling of crystal sugar;
(h) peeling, stoning and shelling, of fruits, nuts and vegetables;
(i) sharpening, simple grinding or simple cutting;
(j) sifting, screening, sorting, classifying, grading, matching (including the making-up of sets of articles);
(k) simple placing in bottles, cans, flasks, bags, cases, boxes, fixing on cards or boards and all other simple packaging operations;
(l) affixing or printing marks, labels, logos and other like distinguishing signs on products or their packaging;
(m) simple mixing of products, whether or not of different kinds; mixing of sugar with any material;
(n) simple addition of water or dilution or dehydration or denaturation of products;
(o) simple assembly of parts of articles to constitute a complete article or disassembly of products into parts;
(p) a combination of two or more of the operations specified in points (a) to (o);
(q) slaughter of animals.
(a) 15 % of the weight of the product for products falling within Chapter 2 and Chapters 4 to 24, other than processed fishery products in Chapter 16;
(b) 15 % of the ex-works price of the product for other products, except for products falling within Chapters 50 to 63, for which the tolerances mentioned in Notes 6 and 7 of Appendix I shall apply.
(a) materials originating in the Republic of South Africa which cannot be imported directly in the Union duty-free-quota-free in the framework of the EPA between the Union and the Southern African Development Community (SADC);
(b) materials listed in Appendix XIII.
(a) the EPA country supplying the materials and the OCTs manufacturing the final product have undertaken to:(i)comply or ensure compliance with this Annex; and(ii)provide the administrative cooperation necessary to ensure the correct implementation of this Annex both with regard to the Union and between themselves; (i) comply or ensure compliance with this Annex; and (ii) provide the administrative cooperation necessary to ensure the correct implementation of this Annex both with regard to the Union and between themselves;
(i) comply or ensure compliance with this Annex; and
(ii) provide the administrative cooperation necessary to ensure the correct implementation of this Annex both with regard to the Union and between themselves;
(i) comply or ensure compliance with this Annex; and
(ii) provide the administrative cooperation necessary to ensure the correct implementation of this Annex both with regard to the Union and between themselves;
(b) the undertakings referred to in point (a) have been notified to the Commission by the OCTs involved.
(a) benefiting from the ‘Special arrangement for least developed countries’ set out in the Generalised System of Preferences (GSP)(2);
(b) benefiting from duty-free quota-free access to the market of the Union at HS 6-digit level under the general arrangement of the GSP(3).
(a) materials which at importation to the Union are subject to antidumping or countervailing duties when originating from the country which is subject to these antidumping or countervailing duties;
(b) tuna products classified under Harmonised System Chapters 3 and 16, which are covered by Article 7 and 12 of Regulation (EU) No 978/2012, and subsequent amending and corresponding legal acts;
(c) materials which are covered by Articles 22 and 30 of Regulation (EU) No 978/2012, and subsequent amending and corresponding legal acts.
(a) the countries or territories involved in the cumulation have undertaken to comply or ensure compliance with this Annex and to provide the administrative cooperation necessary to ensure the correct implementation of this Annex, both with regard to the Union and between themselves;
(b) the undertaking referred to in point (a) has been notified to the Commission by the OCTs concerned.
(a) the countries or territories involved in the cumulation have undertaken to comply or ensure compliance with this Annex and to provide the administrative cooperation necessary to ensure the correct implementation of this Annex, both with regard to the Union and between themselves;
(b) the undertaking referred to in point (a) has been notified to the Commission by the OCTs concerned.
(a) energy and fuel;
(b) plant and equipment;
(c) machines and tools;
(d) any other goods which do not enter, and which are not intended to enter, into the final composition of the product.
(a) the beneficiary makes improper use of the authorisation in any manner whatsoever, or
(b) the beneficiary fails to fulfil any of the other conditions laid down in this Annex.
(a) internal or external factors temporarily deprive it of the ability to comply with the rules for the acquisition of origin provided for in Article 2 of this Annex, where it could have done so previously;
(b) it requires time to prepare itself to comply with the rules for the acquisition of origin provided for in Article 2;
(c) the development of existing industries or the creation of new industries justifies it.
(a) the level of development or the geographical situation of the OCTs concerned, having particular regard to the economic and social impact of the decision to be taken especially in respect of employment;
(b) cases where the application of the existing rules of origin would significantly affect the ability of an existing industry in the OCTs concerned to continue its exports to the Union, with particular reference to cases where this could lead to cessation of its activities;
(c) specific cases where it can be clearly demonstrated that significant investment in an industry could be deterred by the rules of origin and where a derogation favouring the realisation of the investment programme would enable these rules to be satisfied in stages.
(a) the products returned are the same as those which were exported; and
(b) they have not undergone any operations beyond those necessary to preserve them in good condition, while in that country or while being exported.
(a) an exporter has consigned these products from an OCTs to the country in which the exhibition is held and has exhibited them there;
(b) the products have been sold or otherwise disposed of by that exporter to a person in the Union;
(c) the products have been consigned during the exhibition or immediately thereafter in the state in which they were sent for exhibition;
(d) the products have not, since they were consigned for exhibition, been used for any purpose other than demonstration at the exhibition.
(a) a movement certificate EUR.1, a specimen of which appears in Appendix III; or
(b) in the cases specified in Article 26, a declaration, the text of which appears in Appendix VI, given by the exporter on an invoice, a delivery note or any other commercial document which describes the products concerned in sufficient detail to enable them to be identified (the ‘origin declaration’).
(a) it was not issued at the time of exportation because of errors or involuntary omissions or special circumstances;
(b) it is demonstrated to the satisfaction of the customs authorities that a movement certificate EUR.1 was issued but was not accepted at importation for technical reasons;
(c) a movement certificate EUR.1 was issued at the time of exportation for a consignment which was subsequently split in a third country of storage, in accordance with Article 18 of this Annex, provided that the initial EUR.1 certificate is returned to the customs authorities who issued it; or
(d) it was not issued at the time of exportation because the final destination of the consignment was not known at the time, and the destination was determined during its storage and after possible splitting of the consignment in a third country in accordance with Article 18 of this Annex.
(a) by an approved exporter as referred to in Article 27 of this Annex; or
(b) by any exporter for any consignment consisting of one or more packages containing originating products the total value of which does not exceed EUR 10 000.
(a) direct evidence of the processes carried out by the exporter or supplier to obtain the goods concerned, contained for example in his accounts or internal bookkeeping;
(b) documents proving the originating status of materials used, issued or made out in an OCTs, or in the Union or in an EPA State where these documents are used in accordance with domestic law;
(c) documents proving the working or processing of materials in the OCTs, in the Union, or in an EPA country, issued or made out in an OCTs, in the Union or in an EPA country, where these documents are used in accordance with domestic law;
(d) movement certificates EUR.1 or origin declarations proving the originating status of materials used, issued or made out in the OCTs, in the Union or in an EPA country and in accordance with this Annex.
(a) in cases of goods satisfying the requirements of this Annex exported by a registered exporter referred to in Article 38;
(b) in cases of any consignment of one or more packages containing originating products exported by any exporter, where the total value of the originating products consigned does not exceed EUR 10 000.
(a) name and full address of the place where the registered exporter is established/resides, including the identifier of the country or territory (ISO alpha 2 country code);
(b) number of the registered exporter;
(c) products intended to be exported under this Decision (indicative list of Harmonised System chapters or headings as considered appropriate by the applicant);
(d) dates as from and until when the exporter is/was registered;
(e) the reason for withdrawal (registered exporter’s request/withdrawal by competent authorities). This data shall only be available to competent authorities.
(a) they shall maintain appropriate commercial accounting records for production and supply of goods qualifying for preferential treatment;
(b) they shall keep available all evidence relating to the material used in the manufacture;
(c) they shall keep all customs documentation relating to the material used in the manufacture;
(d) they shall keep for at least three years from the end of the year in which the statement on origin was made out, or more if required by national law, records of:(i)the statements on origin they made out; and(ii)their originating and non-originating materials, production and stock accounts. (i) the statements on origin they made out; and (ii) their originating and non-originating materials, production and stock accounts.
(i) the statements on origin they made out; and
(ii) their originating and non-originating materials, production and stock accounts.
(i) the statements on origin they made out; and
(ii) their originating and non-originating materials, production and stock accounts.
(a) they are dismantled or non-assembled products within the meaning of general rule 2(a) of the Harmonised System;
(b) they fall within Section XVI or XVII or heading 7308 or 9406 of the Harmonised System; and
(c) they are intended to be imported by instalments.
(a) in the database referred to in Article 58 of this Annex that the exporter is registered to make statements on origin, except where the total value of the originating products consigned does not exceed EUR 10 000; and
(b) that the statement on origin is made out in accordance with Appendix XII.
(a) products sent as small packages from private persons to private persons, the total value of which does not exceed EUR 500;
(b) products forming part of travellers’ personal luggage, the total value of which does not exceed EUR 1 200.
(a) they are not imported by way of trade;
(b) they have been declared as meeting the conditions for benefiting from this Decision;
(c) there is no doubt as to the veracity of the declaration referred to in point (b).
(a) the imports are occasional;
(b) the imports consist solely of products for the personal use of the recipients or travellers or their families;
(c) it is evident from the nature and quantity of the products that no commercial purpose is in view.
(a) the particulars of the replacement statement(s) on origin;
(b) the names and addresses of the consignor;
(c) the consignee(s) in the Union.
(a) all particulars of the re-consigned products;
(b) the date on which the original statement on origin was made out;
(c) all the necessary details to be mentioned, as specified under Appendix XII;
(d) the name and address of the consignor of the products in the Union;
(e) the name and address of the consignee in the Union;
(f) the date and place of the replacement.
(a) the information provided by the declarant is not sufficient to confirm the originating status of the products or the compliance with the conditions laid down in Article 17(2) or Article 18 of this Annex;
(b) the declarant does not reply within the time period allowed for provision of the information referred to in paragraph 1.
(a) the goods are not the same as those mentioned in the statement on origin;
(b) the declarant fails to submit a statement on origin for the products concerned, where such a statement is required;
(c) without prejudice to point (b) of Article 36 and to Article 44(1) of this Annex, the statement on origin in possession of the declarant has not been made out by an exporter registered in the OCTs;
(d) the statement on origin is not made out in accordance with Appendix XII;
(e) the conditions of Article 18 of this Annex are not met.
(a) have received a reply according to which the exporter was not entitled to make out the statement on origin;
(b) have received a reply according to which the products concerned are not originating in the OCTs concerned or the conditions of Article 17(2) of this Annex were not met;
(c) had reasonable doubt as to the validity of the statement on origin or the accuracy of the information provided by the declarant regarding the true origin of the products in question when they made the request for verification; and(i)have received no reply within the time period permitted in accordance with Article 60 of this Annex; or(ii)have received a reply not providing adequate answers to the questions raised in the request. (i) have received no reply within the time period permitted in accordance with Article 60 of this Annex; or (ii) have received a reply not providing adequate answers to the questions raised in the request.
(i) have received no reply within the time period permitted in accordance with Article 60 of this Annex; or
(ii) have received a reply not providing adequate answers to the questions raised in the request.
(i) have received no reply within the time period permitted in accordance with Article 60 of this Annex; or
(ii) have received a reply not providing adequate answers to the questions raised in the request.
(a) put in place and to maintain the necessary administrative structures and systems required for the implementation and management in that country of the rules and procedures laid down in this Annex, including where appropriate the arrangements necessary for the application of cumulation;
(b) cooperate, through their competent authorities with the Commission and the customs authorities of the Member States.
(a) providing all necessary support in the event of a request by the Commission for the monitoring by it of the proper implementation of this Annex in the country concerned, including verification visits on the spot by the Commission or the customs authorities of the Member States;
(b) without prejudice to Articles 49, 50, 55 and 56 of this Annex, verifying the originating status of products and the compliance with the other conditions laid down in this Annex, including verification visits on the spot, where requested by the Commission or the customs authorities of the Member States in the context of origin investigations;
(c) where the verification procedure or any other available information appears to indicate that the provisions of this Annex are being contravened, the OCTs on its own initiative or at the request of the Commission or the customs authorities of the Member States shall carry out appropriate enquiries or arrange for such enquiries to be carried out with due urgency to identify and prevent such contraventions. The Commission and the customs authorities of the Member States may participate in the enquiries.
(a) made the notification referred to in Article 54(1) or 57(1) of this Annex and, when relevant, Article 54(2) of this Annex and,
(b) submitted the undertaking referred to in Article 51(3) of this Annex.
(a) part of the governmental authorities of the country concerned and empowered to support the Commission and the customs authorities of the Member States through the administrative cooperation as provided for in this Title;
(b) customs authorities competent to issue movement certificates EUR.1 and carry out the subsequent verification of movement certificates EUR.1 and origin declarations;
(a) part of the governmental authorities of the country concerned and empowered to support the Commission and the customs authorities of the Member States through the administrative cooperation as provided for in this Title;
(b) part of the governmental authorities of the country concerned, or act under the authority of the government, and empowered to register exporters and to withdraw them from the record of registered exporters.
(a) verifications of the originating status of products at the request of the customs authorities of the Member States;
(b) regular controls on exporters on their own initiative.
(a) exports from the Union to an OCTs for the purpose of bilateral cumulation;
(b) exports from one OCTs to another for the purpose of OCTs cumulation as provided for in Article 2(2) of this Annex.
(a) they have an EORI number in accordance with Articles 4k to 4t of Regulation (EEC) No 2454/93;
(b) they have the status of ‘approved exporter’ under a preferential arrangement;
(c) they provide in their request addressed to the customs authority of the Member State the following data set out in the form a model of which appears in Appendix XI:(i)the details set out in boxes 1 and 4;(ii)the undertaking set out in box 5. (i) the details set out in boxes 1 and 4; (ii) the undertaking set out in box 5.
(i) the details set out in boxes 1 and 4;
(ii) the undertaking set out in box 5.
(i) the details set out in boxes 1 and 4;
(ii) the undertaking set out in box 5.
(a) through working or processing a maximum content of non-originating materials is not exceeded;
(b) through working or processing the 4-digit Harmonised System heading or 6-digit Harmonised System sub-heading of the manufactured products becomes different from the 4-digit Harmonised System heading or 6-digit sub-heading respectively of the materials used;
(c) a specific working and processing operation is carried out;
(d) working or processing is carried out on certain wholly obtained materials.
2.1. Columns 1 and 2 describe the product obtained. Column 1 gives the chapter number, 4-digit heading or 6-digit sub-heading number used in the Harmonised System, as appropriate. Column 2 gives the description of goods used in that system for that heading or chapter. For each entry in columns 1 and 2, subject to Note 2.4, one or more rules (‘qualifying operations’) are set out in column 3. These qualifying operations concern only non-originating materials. Where, in some cases, the entry in column 1 is preceded by ‘ex’, this signifies that the rule in column 3 applies only to the part of that heading as described in column 2.
2.2. Where several Harmonised System headings or sub-headings are grouped together in column 1 or a chapter number is given and the description of products in column 2 is therefore given in general terms, the adjacent rule in column 3 applies to all products which, under the Harmonised System, are classified in headings of the chapter or in any of the headings or sub-headings grouped together in column 1.
2.3. Where there are different rules in the list applying to different products within a heading, each indent contains the description of that part of the heading covered by the adjacent rule in column 3.
2.4. Where two alternative rules are set out in column 3, separated by ‘or’, it is at the choice of the exporter which one to use.
3.1. Article 4(2) of this Annex, concerning products having acquired originating status which are used in the manufacture of other products, shall apply, regardless of whether this status has been acquired inside the factory where these products are used or in another factory in the OCTs or in the Union.
3.2. Pursuant to Article 5 of this Annex, the working or processing carried out must go beyond the list of operations referred to in that Article. If it does not, the goods shall not qualify for the granting of the benefit of preferential tariff treatment, even if the conditions set out in the list below are met.Subject to the provision referred to in the first subparagraph, the rules in the list represent the minimum amount of working or processing required, and the carrying-out of more working or processing also confers originating status; conversely, the carrying-out of less working or processing cannot confer originating status. Thus, if a rule provides that non-originating material, at a certain level of manufacture, may be used, the use of such material at an earlier stage of manufacture is allowed, and the use of such material at a later stage is not.
3.3. Without prejudice to Note 3.2, where a rule uses the expression ‘Manufacture from materials of any heading’, then materials of any heading(s) (even materials of the same description and heading as the product) may be used, subject, however, to any specific limitations which may also be contained in the rule.However, the expression ‘Manufacture from materials of any heading, including other materials of heading …’ or ‘Manufacture from materials of any heading, including other materials of the same heading as the product’ means that materials of any heading(s) may be used, except those of the same description as the product as given in column 2 of the list.
3.4. When a rule in the list specifies that a product may be manufactured from more than one material, this means that one or more materials may be used. It does not require that all be used.
3.5. Where a rule in the list specifies that a product must be manufactured from a particular material, the rule does not prevent the use also of other materials which, because of their inherent nature, cannot satisfy this condition.
4.1. Agricultural goods falling within Chapters 6, 7, 8, 9, 10, 12 and heading 2401 which are grown or harvested in the territory of an OCTs shall be treated as originating in the territory of that country, even if grown from seeds, bulbs, rootstock, cuttings, grafts, shoots, buds, or other live parts of plants imported from another country.
4.2. In cases where the content of non-originating sugar in a given product is subject to limitations, the weight of sugars of headings 1701 (sucrose) and 1702 (e.g., fructose, glucose, lactose, maltose, isoglucose or invert sugar) used in the manufacture of the final product and used in the manufacture of the non-originating products incorporated in the final product is taken into account for the calculation of such limitations.
5.1. The term ‘natural fibres’ is used in the list to refer to fibres other than artificial or synthetic fibres. It is restricted to the stages before spinning takes place, including waste, and, unless otherwise specified, includes fibres which have been carded, combed or otherwise processed, but not spun.
5.2. The term ‘natural fibres’ includes horsehair of heading 0503 , silk of headings 5002 and 5003 , as well as wool-fibres and fine or coarse animal hair of headings 5101 to 5105 , cotton fibres of headings 5201 to 5203 , and other vegetable fibres of headings 5301 to 5305 .
5.3. The terms ‘textile pulp’, ‘chemical materials’ and ‘paper-making materials’ are used in the list to describe the materials, not classified in Chapters 50 to 63, which can be used to manufacture artificial, synthetic or paper fibres or yarns.
5.4. The term ‘man-made staple fibres’ is used in the list to refer to synthetic or artificial filament tow, staple fibres or waste, of headings 5501 to 5507 .
6.1. Where, for a given product in the list, reference is made to this Note, the conditions set out in column 3 shall not be applied to any basic textile materials used in the manufacture of this product and which, taken together, represent 10 % or less of the total weight of all the basic textile materials used. (See also Notes 6.3 and 6.4)
6.2. However, the tolerance mentioned in Note 6.1 may be applied only to mixed products which have been made from two or more basic textile materials.The following are the basic textile materials:—silk;—wool;—coarse animal hair;—fine animal hair;—horsehair;—cotton;—paper-making materials and paper;—flax;—true hemp;—jute and other textile bast fibres;—sisal and other textile fibres of the genus Agave;—coconut, abaca, ramie and other vegetable textile fibres;—synthetic man-made filaments;—artificial man-made filaments;—current-conducting filaments;—synthetic man-made staple fibres of polypropylene;—synthetic man-made staple fibres of polyester;—synthetic man-made staple fibres of polyamide;—synthetic man-made staple fibres of polyacrylonitrile;—synthetic man-made staple fibres of polyimide;—synthetic man-made staple fibres of polytetrafluoroethylene;—synthetic man-made staple fibres of poly(phenylene sulphide);—synthetic man-made staple fibres of poly(vinyl chloride);—other synthetic man-made staple fibres;—artificial man-made staple fibres of viscose;—other artificial man-made staple fibres;—yarn made of polyurethane segmented with flexible segments of polyether, whether or not gimped;—yarn made of polyurethane segmented with flexible segments of polyester, whether or not gimped;—products of heading 5605 (metallised yarn) incorporating strip consisting of a core of aluminium foil or of a core of plastic film whether or not coated with aluminium powder, of a width not exceeding 5 mm, sandwiched by means of a transparent or coloured adhesive between two layers of plastic film;—other products of heading 5605 ;—glass fibres;—metal fibres.Example:A yarn, of heading 5205 , made from cotton fibres of heading 5203 and synthetic staple fibres of heading 5506 , is a mixed yarn. Therefore, non-originating synthetic staple fibres which do not satisfy the origin rules may be used, provided that their total weight does not exceed 10 % of the weight of the yarn.Example:A woollen fabric, of heading 5112 , made from woollen yarn of heading 5107 and synthetic yarn of staple fibres of heading 5509 , is a mixed fabric. Therefore, synthetic yarn which does not satisfy the origin rules, or woollen yarn which does not satisfy the origin rules, or a combination of the two, may be used, provided that their total weight does not exceed 10 % of the weight of the fabric.Example:Tufted textile fabric, of heading 5802 , made from cotton yarn of heading 5205 and cotton fabric of heading 5210 , is only a mixed product if the cotton fabric is itself a mixed fabric made from yarns classified in two separate headings, or if the cotton yarns used are themselves mixtures.Example:If the tufted textile fabric concerned had been made from cotton yarn of heading 5205 and synthetic fabric of heading 5407 , then, obviously, the yarns used are two separate basic textile materials and the tufted textile fabric is, accordingly, a mixed product. — silk; — wool; — coarse animal hair; — fine animal hair; — horsehair; — cotton; — paper-making materials and paper; — flax; — true hemp; — jute and other textile bast fibres; — sisal and other textile fibres of the genus Agave; — coconut, abaca, ramie and other vegetable textile fibres; — synthetic man-made filaments; — artificial man-made filaments; — current-conducting filaments; — synthetic man-made staple fibres of polypropylene; — synthetic man-made staple fibres of polyester; — synthetic man-made staple fibres of polyamide; — synthetic man-made staple fibres of polyacrylonitrile; — synthetic man-made staple fibres of polyimide; — synthetic man-made staple fibres of polytetrafluoroethylene; — synthetic man-made staple fibres of poly(phenylene sulphide); — synthetic man-made staple fibres of poly(vinyl chloride); — other synthetic man-made staple fibres; — artificial man-made staple fibres of viscose; — other artificial man-made staple fibres; — yarn made of polyurethane segmented with flexible segments of polyether, whether or not gimped; — yarn made of polyurethane segmented with flexible segments of polyester, whether or not gimped; — products of heading 5605 (metallised yarn) incorporating strip consisting of a core of aluminium foil or of a core of plastic film whether or not coated with aluminium powder, of a width not exceeding 5 mm, sandwiched by means of a transparent or coloured adhesive between two layers of plastic film; — other products of heading 5605 ; — glass fibres; — metal fibres.
— silk;
— wool;
— coarse animal hair;
— fine animal hair;
— horsehair;
— cotton;
— paper-making materials and paper;
— flax;
— true hemp;
— jute and other textile bast fibres;
— sisal and other textile fibres of the genus Agave;
— coconut, abaca, ramie and other vegetable textile fibres;
— synthetic man-made filaments;
— artificial man-made filaments;
— current-conducting filaments;
— synthetic man-made staple fibres of polypropylene;
— synthetic man-made staple fibres of polyester;
— synthetic man-made staple fibres of polyamide;
— synthetic man-made staple fibres of polyacrylonitrile;
— synthetic man-made staple fibres of polyimide;
— synthetic man-made staple fibres of polytetrafluoroethylene;
— synthetic man-made staple fibres of poly(phenylene sulphide);
— synthetic man-made staple fibres of poly(vinyl chloride);
— other synthetic man-made staple fibres;
— artificial man-made staple fibres of viscose;
— other artificial man-made staple fibres;
— yarn made of polyurethane segmented with flexible segments of polyether, whether or not gimped;
— yarn made of polyurethane segmented with flexible segments of polyester, whether or not gimped;
— products of heading 5605 (metallised yarn) incorporating strip consisting of a core of aluminium foil or of a core of plastic film whether or not coated with aluminium powder, of a width not exceeding 5 mm, sandwiched by means of a transparent or coloured adhesive between two layers of plastic film;
— other products of heading 5605 ;
— glass fibres;
— metal fibres.
— silk;
— wool;
— coarse animal hair;
— fine animal hair;
— horsehair;
— cotton;
— paper-making materials and paper;
— flax;
— true hemp;
— jute and other textile bast fibres;
— sisal and other textile fibres of the genus Agave;
— coconut, abaca, ramie and other vegetable textile fibres;
— synthetic man-made filaments;
— artificial man-made filaments;
— current-conducting filaments;
— synthetic man-made staple fibres of polypropylene;
— synthetic man-made staple fibres of polyester;
— synthetic man-made staple fibres of polyamide;
— synthetic man-made staple fibres of polyacrylonitrile;
— synthetic man-made staple fibres of polyimide;
— synthetic man-made staple fibres of polytetrafluoroethylene;
— synthetic man-made staple fibres of poly(phenylene sulphide);
— synthetic man-made staple fibres of poly(vinyl chloride);
— other synthetic man-made staple fibres;
— artificial man-made staple fibres of viscose;
— other artificial man-made staple fibres;
— yarn made of polyurethane segmented with flexible segments of polyether, whether or not gimped;
— yarn made of polyurethane segmented with flexible segments of polyester, whether or not gimped;
— products of heading 5605 (metallised yarn) incorporating strip consisting of a core of aluminium foil or of a core of plastic film whether or not coated with aluminium powder, of a width not exceeding 5 mm, sandwiched by means of a transparent or coloured adhesive between two layers of plastic film;
— other products of heading 5605 ;
— glass fibres;
— metal fibres.
6.3. In the case of products incorporating ‘yarn made of polyurethane segmented with flexible segments of polyether, whether or not gimped’, the tolerance is 20 % in respect of this yarn.
6.4. In the case of products incorporating ‘strip consisting of a core of aluminium foil or of a core of plastic film whether or not coated with aluminium powder, of a width not exceeding 5 mm, sandwiched by means of a transparent or coloured adhesive between two layers of plastic film’, the tolerance is 30 % in respect of this strip.
7.1. Where, in the list, reference is made to this Note, textile materials which do not satisfy the rule set out in the list in column 3 for the made-up product concerned, may be used, provided that they are classified in a heading other than that of the product and that their value does not exceed 8 % of the ex-works price of the product.
7.2. Without prejudice to Note 7.3, materials, which are not classified within Chapters 50 to 63, may be used freely in the manufacture of textile products, whether or not they contain textiles.Example:If a rule in the list provides that, for a particular textile item (such as trousers), yarn must be used, this does not prevent the use of metal items, such as buttons, because buttons are not classified within Chapters 50 to 63. For the same reason, it does not prevent the use of slide-fasteners, even though slide-fasteners normally contain textiles.
7.3. Where a percentage rule applies, the value of materials which are not classified within Chapters 50 to 63 must be taken into account when calculating the value of the non-originating materials incorporated.
8.1. For the purposes of headings ex 2707 and 2713 , the ‘specific processes’ are the following:(a)vacuum-distillation;(b)redistillation by a very thorough fractionation-process(1);(c)cracking;(d)reforming;(e)extraction by means of selective solvents;(f)the process comprising all of the following operations: processing with concentrated sulphuric acid, oleum or sulphuric anhydride; neutralisation with alkaline agents; decolourisation and purification with naturally-active earth, activated earth, activated charcoal or bauxite;(g)polymerisation;(h)alkylation;(i)isomerisation. (a) vacuum-distillation; (b) redistillation by a very thorough fractionation-process(1); (c) cracking; (d) reforming; (e) extraction by means of selective solvents; (f) the process comprising all of the following operations: processing with concentrated sulphuric acid, oleum or sulphuric anhydride; neutralisation with alkaline agents; decolourisation and purification with naturally-active earth, activated earth, activated charcoal or bauxite; (g) polymerisation; (h) alkylation; (i) isomerisation.
(a) vacuum-distillation;
(b) redistillation by a very thorough fractionation-process(1);
(c) cracking;
(d) reforming;
(e) extraction by means of selective solvents;
(f) the process comprising all of the following operations: processing with concentrated sulphuric acid, oleum or sulphuric anhydride; neutralisation with alkaline agents; decolourisation and purification with naturally-active earth, activated earth, activated charcoal or bauxite;
(g) polymerisation;
(h) alkylation;
(i) isomerisation.
(a) vacuum-distillation;
(b) redistillation by a very thorough fractionation-process(1);
(c) cracking;
(d) reforming;
(e) extraction by means of selective solvents;
(f) the process comprising all of the following operations: processing with concentrated sulphuric acid, oleum or sulphuric anhydride; neutralisation with alkaline agents; decolourisation and purification with naturally-active earth, activated earth, activated charcoal or bauxite;
(g) polymerisation;
(h) alkylation;
(i) isomerisation.
8.2. For the purposes of headings 2710 , 2711 and 2712 , the ‘specific processes’ are the following:(a)vacuum-distillation;(b)redistillation by a very thorough fractionation-process(1);(c)cracking;(d)reforming;(e)extraction by means of selective solvents;(f)the process comprising all of the following operations: processing with concentrated sulphuric acid, oleum or sulphuric anhydride; neutralisation with alkaline agents; decolourisation and purification with naturally-active earth, activated earth, activated charcoal or bauxite;(g)polymerisation;(h)alkylation;(i)isomerisation;(j)in respect of heavy oils of heading ex 2710 only, desulphurisation with hydrogen, resulting in a reduction of at least 85 % of the sulphur-content of the products processed (ASTM D 1266-59 T method);(k)in respect of products of heading 2710 only, deparaffining by a process other than filtering;(l)in respect of heavy oils of heading ex 2710 only, treatment with hydrogen, at a pressure of more than 20 bar and a temperature of more than 250 °C, with the use of a catalyst, other than to effect desulphurisation, when the hydrogen constitutes an active element in a chemical reaction. The further treatment, with hydrogen, of lubricating oils of heading ex 2710 (e.g. hydrofinishing or decolourisation), in order, more especially, to improve colour or stability shall not, however, be deemed to be a specific process;(m)in respect of fuel oils of heading ex 2710 only, atmospheric distillation, on condition that less than 30 % of these products distils, by volume, including losses, at 300 °C, by the ASTM D 86 method;(n)in respect of heavy oils other than gas oils and fuel oils of heading ex 2710 only, treatment by means of a high-frequency electrical brush-discharge.(o)in respect of crude products (other than petroleum jelly, ozokerite, lignite wax or peat wax, paraffin wax containing by weight less than 0,75 % of oil) of heading ex 2712 only, de-oiling by fractional crystallisation. (a) vacuum-distillation; (b) redistillation by a very thorough fractionation-process(1); (c) cracking; (d) reforming; (e) extraction by means of selective solvents; (f) the process comprising all of the following operations: processing with concentrated sulphuric acid, oleum or sulphuric anhydride; neutralisation with alkaline agents; decolourisation and purification with naturally-active earth, activated earth, activated charcoal or bauxite; (g) polymerisation; (h) alkylation; (i) isomerisation; (j) in respect of heavy oils of heading ex 2710 only, desulphurisation with hydrogen, resulting in a reduction of at least 85 % of the sulphur-content of the products processed (ASTM D 1266-59 T method); (k) in respect of products of heading 2710 only, deparaffining by a process other than filtering; (l) in respect of heavy oils of heading ex 2710 only, treatment with hydrogen, at a pressure of more than 20 bar and a temperature of more than 250 °C, with the use of a catalyst, other than to effect desulphurisation, when the hydrogen constitutes an active element in a chemical reaction. The further treatment, with hydrogen, of lubricating oils of heading ex 2710 (e.g. hydrofinishing or decolourisation), in order, more especially, to improve colour or stability shall not, however, be deemed to be a specific process; (m) in respect of fuel oils of heading ex 2710 only, atmospheric distillation, on condition that less than 30 % of these products distils, by volume, including losses, at 300 °C, by the ASTM D 86 method; (n) in respect of heavy oils other than gas oils and fuel oils of heading ex 2710 only, treatment by means of a high-frequency electrical brush-discharge. (o) in respect of crude products (other than petroleum jelly, ozokerite, lignite wax or peat wax, paraffin wax containing by weight less than 0,75 % of oil) of heading ex 2712 only, de-oiling by fractional crystallisation.
(a) vacuum-distillation;
(b) redistillation by a very thorough fractionation-process(1);
(c) cracking;
(d) reforming;
(e) extraction by means of selective solvents;
(f) the process comprising all of the following operations: processing with concentrated sulphuric acid, oleum or sulphuric anhydride; neutralisation with alkaline agents; decolourisation and purification with naturally-active earth, activated earth, activated charcoal or bauxite;
(g) polymerisation;
(h) alkylation;
(i) isomerisation;
(j) in respect of heavy oils of heading ex 2710 only, desulphurisation with hydrogen, resulting in a reduction of at least 85 % of the sulphur-content of the products processed (ASTM D 1266-59 T method);
(k) in respect of products of heading 2710 only, deparaffining by a process other than filtering;
(l) in respect of heavy oils of heading ex 2710 only, treatment with hydrogen, at a pressure of more than 20 bar and a temperature of more than 250 °C, with the use of a catalyst, other than to effect desulphurisation, when the hydrogen constitutes an active element in a chemical reaction. The further treatment, with hydrogen, of lubricating oils of heading ex 2710 (e.g. hydrofinishing or decolourisation), in order, more especially, to improve colour or stability shall not, however, be deemed to be a specific process;
(m) in respect of fuel oils of heading ex 2710 only, atmospheric distillation, on condition that less than 30 % of these products distils, by volume, including losses, at 300 °C, by the ASTM D 86 method;
(n) in respect of heavy oils other than gas oils and fuel oils of heading ex 2710 only, treatment by means of a high-frequency electrical brush-discharge.
(o) in respect of crude products (other than petroleum jelly, ozokerite, lignite wax or peat wax, paraffin wax containing by weight less than 0,75 % of oil) of heading ex 2712 only, de-oiling by fractional crystallisation.
(a) vacuum-distillation;
(b) redistillation by a very thorough fractionation-process(1);
(c) cracking;
(d) reforming;
(e) extraction by means of selective solvents;
(f) the process comprising all of the following operations: processing with concentrated sulphuric acid, oleum or sulphuric anhydride; neutralisation with alkaline agents; decolourisation and purification with naturally-active earth, activated earth, activated charcoal or bauxite;
(g) polymerisation;
(h) alkylation;
(i) isomerisation;
(j) in respect of heavy oils of heading ex 2710 only, desulphurisation with hydrogen, resulting in a reduction of at least 85 % of the sulphur-content of the products processed (ASTM D 1266-59 T method);
(k) in respect of products of heading 2710 only, deparaffining by a process other than filtering;
(l) in respect of heavy oils of heading ex 2710 only, treatment with hydrogen, at a pressure of more than 20 bar and a temperature of more than 250 °C, with the use of a catalyst, other than to effect desulphurisation, when the hydrogen constitutes an active element in a chemical reaction. The further treatment, with hydrogen, of lubricating oils of heading ex 2710 (e.g. hydrofinishing or decolourisation), in order, more especially, to improve colour or stability shall not, however, be deemed to be a specific process;
(m) in respect of fuel oils of heading ex 2710 only, atmospheric distillation, on condition that less than 30 % of these products distils, by volume, including losses, at 300 °C, by the ASTM D 86 method;
(n) in respect of heavy oils other than gas oils and fuel oils of heading ex 2710 only, treatment by means of a high-frequency electrical brush-discharge.
(o) in respect of crude products (other than petroleum jelly, ozokerite, lignite wax or peat wax, paraffin wax containing by weight less than 0,75 % of oil) of heading ex 2712 only, de-oiling by fractional crystallisation.
8.3. For the purposes of headings ex 2707 and 2713 , simple operations, such as cleaning, decanting, desalting, water-separation, filtering, colouring, marking, obtaining a sulphur-content as a result of mixing products with different sulphur-contents, or any combination of these operations or like operations, do not confer origin.
Harmonised System heading Description of product Qualifying operation (Working or processing, carried out on non-originating materials, which confers originating status)
(1) (2) (3)
Chapter 1 Live animals All the animals of Chapter 1 are wholly obtained
Chapter 2 Meat and edible meat offal Manufacture in which all the meat and edible meat offal in the products of this chapter is wholly obtained
ex Chapter 3 Fish and crustaceans, molluscs and other aquatic invertebrates, except for: All fish and crustaceans, molluscs and other aquatic invertebrates are wholly obtained
0304 Fish fillets and other fish meat (whether or not minced), fresh, chilled of frozen Manufacture in which all the materials of Chapter 3 used are wholly obtained
0305 Fish, dried, salted or in brine; smoked fish, whether or not cooked before or during the smoking process; flours, meals and pellets of fish, fit for human consumption Manufacture in which all the materials of Chapter 3 used are wholly obtained
ex ex0306 Crustaceans, whether in shell or not, dried, salted or in brine; crustaceans, in shell, cooked by steaming or by boiling in water, whether or not chilled, frozen, dried, salted or in brine; flours, meals and pellets of crustaceans, fit for human consumption Manufacture in which all the materials of Chapter 3 used are wholly obtained
ex ex0307 Molluscs, whether in shell or not, dried, salted or in brine; aquatic invertebrates other than crustaceans and molluscs, dried, salted or in brine; flours, meals and pellets of crustaceans, fit for human consumption Manufacture in which all the materials of Chapter 3 used are wholly obtained
Chapter 4 Dairy produce; birds’ eggs; natural honey; edible products of animal origin, not elsewhere specified or included; Manufacture in which:—all the materials of Chapter 4 used are wholly obtained; and—the weight of sugar(1)used does not exceed 40 % of the weight of the final product — all the materials of Chapter 4 used are wholly obtained; and — the weight of sugar(1)used does not exceed 40 % of the weight of the final product
— all the materials of Chapter 4 used are wholly obtained; and
— the weight of sugar(1)used does not exceed 40 % of the weight of the final product
ex Chapter 5 Products of animal origin, not elsewhere specified or included, except for: Manufacture from materials of any heading
ex ex051191 Inedible fish eggs and roes All the eggs and roes are wholly obtained
Chapter 6 Live trees and other plants; bulbs, roots and the like; cut flowers and ornamental foliage Manufacture in which all the materials of Chapter 6 used are wholly obtained
Chapter 7 Edible vegetables and certain roots and tubers Manufacture in which all the materials of Chapter 7 used are wholly obtained
Chapter 8 Edible fruit and nuts; peel of citrus fruits or melons Manufacture in which:—all the fruit, nuts and peels of citrus fruits or melons of Chapter 8 used are wholly obtained, and—the weight of sugar(1)used does not exceed 40 % of the weight of the final product — all the fruit, nuts and peels of citrus fruits or melons of Chapter 8 used are wholly obtained, and — the weight of sugar(1)used does not exceed 40 % of the weight of the final product
— all the fruit, nuts and peels of citrus fruits or melons of Chapter 8 used are wholly obtained, and
— the weight of sugar(1)used does not exceed 40 % of the weight of the final product
Chapter 9 Coffee, tea, maté and spices; Manufacture from materials of any heading
Chapter 10 Cereals Manufacture in which all the materials of Chapter 10 used are wholly obtained
ex Chapter 11 Products of the milling industry; malt; starches; inulin; wheat gluten; except for: Manufacture in which all the materials of Chapters 10 and 11, headings 0701 and 2303 , and sub-heading 071010 used are wholly obtained
ex ex1106 Flour, meal and powder of the dried, shelled leguminous vegetables of heading 0713 Drying and milling of leguminous vegetables of heading 0708
Chapter 12 Oil seeds and oleaginous fruits; miscellaneous grains, seeds and fruit; industrial or medicinal plants; straw and fodder Manufacture from materials of any heading, except that of the product
Chapter 13 Lac; gums, resins and other vegetable saps and extracts Manufacture from materials of any heading, in which the weight of sugar(1)used does not exceed 40 % of the weight of the final product
Chapter 14 Vegetable plaiting materials; vegetable products not elsewhere specified or included Manufacture from materials of any heading
ex Chapter 15 Animal or vegetable fats and oils and their cleavage products; prepared edible fats; animal or vegetable waxes; except for: Manufacture from materials of any sub-heading, except that of the product
1501 to 1504 Fats from pig, poultry, bovine, sheep or goat, fish, etc. Manufacture from materials of any heading except that of the product
1505 , 1506 and 1520 Wool grease and fatty substances derived therefrom (including lanolin). Other animal fats and oils and their fractions, whether or not refined, but not chemically modified. Glycerol, crude; glycerol waters and glycerol lyes. Manufacture from materials of any heading
1509 and 1510 Olive oil and its fractions Manufacture in which all the vegetable materials used are wholly obtained
1516 and 1517 Animal or vegetable fats and oils and their fractions, partly or wholly hydrogenated, inter-esterified, re-esterified or elaidinised, whether or not refined, but not further preparedMargarine; edible mixtures or preparations of animal or vegetable fats or oils or of fractions of different fats or oils of this Chapter, other than edible fats or oils or their fractions of heading 1516 Manufacture from materials of any heading, except that of the product
Chapter 16 Preparations of meat, of fish or of crustaceans, molluscs or other aquatic invertebrates Manufacture:—from materials of any heading, except meat and edible meat offal of Chapter 2 and materials of Chapter 16 obtained from meat and edible meat offal of Chapter 2, and—in which all the materials of Chapter 3 and materials of Chapter 16 obtained from fish and crustaceans, molluscs and other aquatic invertebrates of Chapter 3 used are wholly obtained — from materials of any heading, except meat and edible meat offal of Chapter 2 and materials of Chapter 16 obtained from meat and edible meat offal of Chapter 2, and — in which all the materials of Chapter 3 and materials of Chapter 16 obtained from fish and crustaceans, molluscs and other aquatic invertebrates of Chapter 3 used are wholly obtained
— from materials of any heading, except meat and edible meat offal of Chapter 2 and materials of Chapter 16 obtained from meat and edible meat offal of Chapter 2, and
— in which all the materials of Chapter 3 and materials of Chapter 16 obtained from fish and crustaceans, molluscs and other aquatic invertebrates of Chapter 3 used are wholly obtained
ex Chapter 17 Sugars and sugar confectionery; except for: Manufacture from materials of any heading, except that of the product
1702 Other sugars, including chemically pure lactose and glucose, in solid form; sugar syrups; artificial honey, whether or not mixed with natural honey; caramel Manufacture from materials of any heading, except that of the product, in which the weight of the materials of headings 1101 to 1108 , 1701 and 1703 used does not exceed 30 % of the weight of the final product
1704 Sugar confectionery (including white chocolate), not containing cocoa Manufacture from materials of any heading, except that of the product, in which:—the individual weight of sugar(1)and of the materials of Chapter 4 used does not exceed 40 % of the weight of the final product, and—the total combined weight of sugar(1)and the materials of Chapter 4 used does not exceed 60 % of the weight of final product — the individual weight of sugar(1)and of the materials of Chapter 4 used does not exceed 40 % of the weight of the final product, and — the total combined weight of sugar(1)and the materials of Chapter 4 used does not exceed 60 % of the weight of final product
— the individual weight of sugar(1)and of the materials of Chapter 4 used does not exceed 40 % of the weight of the final product, and
— the total combined weight of sugar(1)and the materials of Chapter 4 used does not exceed 60 % of the weight of final product
Chapter 18 Cocoa and cocoa preparations Manufacture from materials of any heading, except that of the product, in which—the individual weight of sugar(1)and of the materials of Chapter 4 used does not exceed 40 % of the weight of the final product, and—the total combined weight of sugar(1)and the materials of Chapter 4 used does not exceed 60 % of the weight of final product — the individual weight of sugar(1)and of the materials of Chapter 4 used does not exceed 40 % of the weight of the final product, and — the total combined weight of sugar(1)and the materials of Chapter 4 used does not exceed 60 % of the weight of final product
— the individual weight of sugar(1)and of the materials of Chapter 4 used does not exceed 40 % of the weight of the final product, and
— the total combined weight of sugar(1)and the materials of Chapter 4 used does not exceed 60 % of the weight of final product
Chapter 19 Preparations of cereals, flour, starch or milk; pastry cooks’ products Manufacture from materials of any heading, except that of the product, in which:—the weight of the materials of Chapters 2, 3 and 16 used does not exceed 20 % of the weight of the final product, and—the weight of the materials of headings 1006 and 1101 to 1108 used does not exceed 20 % of the weight of the final product, and—the individual weight of sugar(1)and of the materials of Chapter 4 used does not exceed 40 % of the weight of the final product, and—the total combined weight of sugar(1)and the materials of Chapter 4 used does not exceed 60 % of the weight of final product — the weight of the materials of Chapters 2, 3 and 16 used does not exceed 20 % of the weight of the final product, and — the weight of the materials of headings 1006 and 1101 to 1108 used does not exceed 20 % of the weight of the final product, and — the individual weight of sugar(1)and of the materials of Chapter 4 used does not exceed 40 % of the weight of the final product, and — the total combined weight of sugar(1)and the materials of Chapter 4 used does not exceed 60 % of the weight of final product
— the weight of the materials of Chapters 2, 3 and 16 used does not exceed 20 % of the weight of the final product, and
— the weight of the materials of headings 1006 and 1101 to 1108 used does not exceed 20 % of the weight of the final product, and
— the individual weight of sugar(1)and of the materials of Chapter 4 used does not exceed 40 % of the weight of the final product, and
— the total combined weight of sugar(1)and the materials of Chapter 4 used does not exceed 60 % of the weight of final product
ex Chapter 20 Preparations of vegetables, fruit, nuts or other parts of plants; except for: Manufacture from materials of any heading, except that of the product, in which the weight of sugar(1)used does not exceed 40 % of the weight of the final product
2002 and 2003 Tomatoes, mushrooms and truffles prepared or preserved otherwise than by vinegar of acetic acid Manufacture in which all the materials of Chapters 7 used are wholly obtained
Chapter 21 Miscellaneous edible preparations; except for: Manufacture from materials of any heading, except that of the product, in which:—the individual weight of sugar(1)and of the materials of Chapter 4 used does not exceed 40 % of the weight of the final product, and—the total combined weight of sugar(1)and the materials of Chapter 4 used does not exceed 60 % of the weight of final product — the individual weight of sugar(1)and of the materials of Chapter 4 used does not exceed 40 % of the weight of the final product, and — the total combined weight of sugar(1)and the materials of Chapter 4 used does not exceed 60 % of the weight of final product
— the individual weight of sugar(1)and of the materials of Chapter 4 used does not exceed 40 % of the weight of the final product, and
— the total combined weight of sugar(1)and the materials of Chapter 4 used does not exceed 60 % of the weight of final product
Chapter 22 Beverages, spirits and vinegar Manufacture from materials of any heading, except that of the product and headings 2207 and 2208 , in which:—all the materials of sub-headings 080610 , 200961 , 200969 used are wholly obtained, and—the individual weight of sugar(1)and of the materials of Chapter 4 used does not exceed 40 % of the weight of the final product, and—the total combined weight of sugar(1)and the materials of Chapter 4 used does not exceed 60 % of the weight of final product — all the materials of sub-headings 080610 , 200961 , 200969 used are wholly obtained, and — the individual weight of sugar(1)and of the materials of Chapter 4 used does not exceed 40 % of the weight of the final product, and — the total combined weight of sugar(1)and the materials of Chapter 4 used does not exceed 60 % of the weight of final product
— all the materials of sub-headings 080610 , 200961 , 200969 used are wholly obtained, and
— the individual weight of sugar(1)and of the materials of Chapter 4 used does not exceed 40 % of the weight of the final product, and
— the total combined weight of sugar(1)and the materials of Chapter 4 used does not exceed 60 % of the weight of final product
ex Chapter 23 Residues and waste from the food industries; prepared animal fodder; except for: Manufacture from materials of any heading, except that of the product
ex ex2303 Residues of starch manufacture Manufacture from materials of any heading, except that of the product, in which the weight of the materials of Chapter 10 used does not exceed 20 % of the weight of the final product
2309 Preparations of a kind used in animal feeding Manufacture from materials of any heading, except that of the product, in which:—all the materials of Chapters 2 and 3 used are wholly obtained, and—the weight of materials of Chapter 10 and 11 and headings 2302 and 2303 used does not exceed 20 % of the weight of the final product, and—the individual weight of sugar(1)and of the materials of Chapter 4 used does not exceed 40 % of the weight of the final product, and—the total combined weight of sugar and the materials of Chapter 4 used does not exceed 60 % of the weight of final product — all the materials of Chapters 2 and 3 used are wholly obtained, and — the weight of materials of Chapter 10 and 11 and headings 2302 and 2303 used does not exceed 20 % of the weight of the final product, and — the individual weight of sugar(1)and of the materials of Chapter 4 used does not exceed 40 % of the weight of the final product, and — the total combined weight of sugar and the materials of Chapter 4 used does not exceed 60 % of the weight of final product
— all the materials of Chapters 2 and 3 used are wholly obtained, and
— the weight of materials of Chapter 10 and 11 and headings 2302 and 2303 used does not exceed 20 % of the weight of the final product, and
— the individual weight of sugar(1)and of the materials of Chapter 4 used does not exceed 40 % of the weight of the final product, and
— the total combined weight of sugar and the materials of Chapter 4 used does not exceed 60 % of the weight of final product
ex Chapter 24 Tobacco and manufactured tobacco substitutes; except for: Manufacture from materials of any heading in which the weight of materials of Chapter 24 used does not exceed 30 % of the total weight of materials of Chapter 24 used
2401 Unmanufactured tobacco; tobacco refuse All unmanufactured tobacco and tobacco refuse of Chapter 24 is wholly obtained
2402 Cigars, cheroots, cigarillos and cigarettes, of tobacco or of tobacco substitutes Manufacture from materials of any heading, except that of the product and of heading 2403 , and in which the weight of materials of heading 2401 used does not exceed 50 % of the total weight of materials of heading 2401 used
ex Chapter 25 Salt; sulphur; earths and stone; plastering materials, lime and cement; except for: Manufacture from materials of any heading, except that of the productorManufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
ex ex2519 Crushed natural magnesium carbonate (magnesite), in hermetically-sealed containers, and magnesium oxide, whether or not pure, other than fused magnesia or dead-burned (sintered) magnesia Manufacture from materials of any heading, except that of the product. However, natural magnesium carbonate (magnesite) may be used
Chapter 26 Ores, slag and ash Manufacture from materials of any heading, except that of the product
ex Chapter 27 Mineral fuels, mineral oils and products of their distillation; bituminous substances; mineral waxes, except for: Manufacture from materials of any heading, except that of the productorManufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
ex ex2707 Oils in which the weight of the aromatic constituents exceeds that of the non-aromatic constituents, being oils similar to mineral oils obtained by distillation of high temperature coal tar, of which more than 65 % by volume distils at a temperature of up to 250 °C (including mixtures of petroleum spirit and benzole), for use as power or heating fuels Operations of refining and/or one or more specific process(es)(2)orOther operations in which all the materials used are classified within a heading other than that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 50 % of the ex-works price of the product
2710 Petroleum oils and oils obtained from bituminous materials, other than crude; preparations not elsewhere specified or included, containing by weight 70 % or more of petroleum oils or of oils obtained from bituminous materials, these oils being the basic constituents of the preparations; waste oils Operations of refining and/or one or more specific process(es)(3)orOther operations in which all the materials used are classified within a heading other than that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 50 % of the ex-works price of the product
2711 Petroleum gases and other gaseous hydrocarbons Operations of refining and/or one or more specific process(es)(3)orOther operations in which all the materials used are classified within a heading other than that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 50 % of the ex-works price of the product
2712 Petroleum jelly; paraffin wax, microcrystalline petroleum wax, slack wax, ozokerite, lignite wax, peat wax, other mineral waxes, and similar products obtained by synthesis or by other processes, whether or not coloured Operations of refining and/or one or more specific process(es)(3)orOther operations in which all the materials used are classified within a heading other than that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 50 % of the ex-works price of the product
2713 Petroleum coke, petroleum bitumen and other residues of petroleum oils or of oils obtained from bituminous materials Operations of refining and/or one or more specific process(es)(2)orOther operations in which all the materials used are classified within a heading other than that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 50 % of the ex-works price of the product
ex Chapter 28 Inorganic chemicals; organic or inorganic compounds of precious metals, of rare-earth metals, of radioactive elements or of isotopes; except for: Manufacture from materials of any heading, except that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 20 % of the ex-works price of the productorManufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
ex Chapter 29 Organic chemicals; except for: Manufacture from materials of any heading, except that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 20 % of the ex-works price of the productorManufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
ex ex2905 Metal alcoholates of alcohols of this heading and of ethanol; except for: Manufacture from materials of any heading, including other materials of heading 2905 . However, metal alcoholates of this heading may be used, provided that their total value does not exceed 20 % of the ex-works price of the productorManufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
290543 ; 290544 ; 290545 Mannitol; D-glucitol (sorbitol); Glycerol Manufacture from materials of any sub-heading, except that of the product. However, materials of the same sub-heading as the product may be used, provided that their total value does not exceed 20 % of the ex-works price of the productorManufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
Chapter 30 Pharmaceutical products Manufacture from materials of any heading
Chapter 31 Fertilisers Manufacture from materials of any heading, except that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 20 % of the ex-works price of the productorManufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
Chapter 32 Tanning or dyeing extracts; tannins and their derivatives; dyes, pigments and other colouring matter; paints and varnishes; putty and other mastics; inks Manufacture from materials of any heading, except that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 20 % of the ex-works price of the productorManufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
Chapter 33 Essential oils and resinoids; perfumery, cosmetic or toilet preparations; except for: Manufacture from materials of any heading, except that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 20 % of the ex-works price of the productorManufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
ex Chapter 34 Soap, organic surface-active agents, washing preparations, lubricating preparations, artificial waxes, prepared waxes, polishing or scouring preparations, candles and similar articles, modelling pastes, ‘dental waxes’ and dental preparations with a basis of plaster, except for: Manufacture from materials of any heading, except that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 20 % of the ex-works price of the productorManufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
ex ex3404 Artificial waxes and prepared waxes:—With a basis of paraffin, petroleum waxes, waxes obtained from bituminous minerals, slack wax or scale wax — With a basis of paraffin, petroleum waxes, waxes obtained from bituminous minerals, slack wax or scale wax Manufacture from materials of any heading
— With a basis of paraffin, petroleum waxes, waxes obtained from bituminous minerals, slack wax or scale wax
Chapter 35 Albuminoidal substances; modified starches; glues; enzymes Manufacture from materials of any heading, except that of the product, in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
Chapter 36 Explosives; pyrotechnic products; matches; pyrophoric alloys; certain combustible preparations Manufacture from materials of any heading, except that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 20 % of the ex-works price of the productorManufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
Chapter 37 Photographic or cinematographic goods Manufacture from materials of any heading, except that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 20 % of the ex-works price of the productorManufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
ex Chapter 38 Miscellaneous chemical products; except for: Manufacture from materials of any heading, except that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 20 % of the ex-works price of the productorManufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
382460 Sorbitol other than that of sub-heading 290544 Manufacture from materials of any sub-heading, except that of the product and except materials of sub-heading 290544 . However, materials of the same sub-heading as the product may be used, provided that their total value does not exceed 20 % of the ex-works price of the productorManufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
ex Chapter 39 Plastics and articles thereof; except for: Manufacture from materials of any heading, except that of the product.orManufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
ex ex3907 – Copolymer, made from polycarbonate and acrylonitrile-butadiene-styrene copolymer (ABS) Manufacture from materials of any heading, except that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 50 % of the ex-works price of the product(4)orManufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
– Polyester Manufacture from materials of any heading, except that of the productorManufacture from polycarbonate of tetrabromo-(bisphenol A)orManufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
ex Chapter 40 Rubber and articles thereof; except for: Manufacture from materials of any heading, except that of the productorManufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
4012 Retreaded or used pneumatic tyres of rubber; solid or cushion tyres, tyre treads and tyre flaps, of rubber:
– Retreaded pneumatic, solid or cushion tyres, of rubber Retreading of used tyres
– Other Manufacture from materials of any heading, except those of headings 4011 and 4012orManufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
ex Chapter 41 Raw hides and skins (other than furskins) and leather; except for: Manufacture from materials of any heading, except that of the product
4101 to 4103 Raw hides and skins of bovine (including buffalo) or equine animals (fresh, or salted, dried, limed, pickled or otherwise preserved, but not tanned, parchment dressed or further prepared), whether or not dehaired or split; raw skins of sheep or lambs (fresh, or salted, dried, limed, pickled or otherwise preserved, but not tanned, parchment dressed or further prepared), whether or not with wool on or split, other than those excluded by note 1(c) to Chapter 41; other raw hides and skins (fresh, or salted, dried, limed, pickled or otherwise preserved, but not tanned, parchment dressed or further prepared), whether or not dehaired or split, other than those excluded by note 1(b) or 1(c) to Chapter 41 Manufacture from materials of any heading
4104 to 4106 Tanned or crust hides and skins, without wool or hair on, whether or not split, but not further prepared Re-tanning of tanned or pre-tanned hides and skins of sub-headings 410411 , 410419 , 410510 , 410621 , 410631 or 410691 ,orManufacture from materials of any heading, except that of the product
4107 , 4112 , 4113 Leather further prepared after tanning or crusting Manufacture from materials of any heading, except that of the product. However, materials of sub-headings 410441 , 410449 , 410530 , 410622 , 410632 and 410692 may be used only if a re-tanning operation of the tanned or crust hides and skins in the dry state takes place
Chapter 42 Articles of leather; saddlery and harness; travel goods, handbags and similar containers; articles of animal gut (other than silk worm gut) Manufacture from materials of any heading, except that of the productorManufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
ex Chapter 43 Furskins and artificial fur; manufactures thereof; except for: Manufacture from materials of any heading, except that of the productorManufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
4301 Raw furskins (including heads, tails, paws and other pieces or cuttings, suitable for furrier’s use), other than raw hides and skins of heading 4101 , 4102 or 4103 Manufacture from materials of any heading
ex ex4302 Tanned or dressed furskins, assembled:
– Plates, crosses and similar forms Bleaching or dyeing, in addition to cutting and assembly of non-assembled tanned or dressed furskins
– Other Manufacture from non-assembled, tanned or dressed furskins
4303 Articles of apparel, clothing accessories and other articles of furskin Manufacture from non-assembled tanned or dressed furskins of heading 4302
ex Chapter 44 Wood and articles of wood; wood charcoal; except for: Manufacture from materials of any heading, except that of the productorManufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
ex ex4407 Wood sawn or chipped lengthwise, sliced or peeled, of a thickness exceeding 6 mm, planed, sanded or end-jointed Planing, sanding or end-jointing
ex ex4408 Sheets for veneering (including those obtained by slicing laminated wood) and for plywood, of a thickness not exceeding 6 mm, spliced, and other wood sawn lengthwise, sliced or peeled of a thickness not exceeding 6 mm, planed, sanded or end-jointed Splicing, planing, sanding or endjointing
ex ex4410 to ex ex4413 Beadings and mouldings, including moulded skirting and other moulded boards Beading or moulding
ex ex4415 Packing cases, boxes, crates, drums and similar packings, of wood Manufacture from boards not cut to size
ex ex4418 – Builders’ joinery and carpentry of wood Manufacture from materials of any heading, except that of the product. However, cellular wood panels, shingles and shakes may be used
– Beadings and mouldings Beading or moulding
ex ex4421 Match splints; wooden pegs or pins for footwear Manufacture from wood of any heading, except drawn wood of heading 4409
Chapter 45 Cork and articles of cork Manufacture from materials of any heading, except that of the productorManufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
Chapter 46 Manufactures of straw, of esparto or of other plaiting materials; basketware and wickerwork Manufacture from materials of any heading, except that of the productorManufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
Chapter 47 Pulp of wood or of other fibrous cellulosic material; recovered (waste and scrap) paper or paperboard Manufacture from materials of any heading, except that of the productorManufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
Chapter 48 Paper and paperboard; articles of paper pulp, of paper or of paperboard Manufacture from materials of any heading, except that of the productorManufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
Chapter 49 Printed books, newspapers, pictures and other products of the printing industry; manuscripts, typescripts and plans Manufacture from materials of any heading, except that of the productorManufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
ex Chapter 50 Silk; except for: Manufacture from materials of any heading, except that of the product
ex ex5003 Silk waste (including cocoons unsuitable for reeling, yarn waste and garnetted stock), carded or combed Carding or combing of silk waste
5004 to ex ex5006 Silk yarn and yarn spun from silk waste Spinning of natural fibres or extrusion of man-made fibres accompanied by spinning or twisting(5)
5007 Woven fabrics of silk or of silk waste: Spinning of natural and/or man-made staple fibres or extrusion of man-made filament yarn or twisting, in each case accompanied by weavingorWeaving accompanied by dyeingorYarn dyeing accompanied by weavingorPrinting accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47,5 % of the ex-works price of the product(5)
ex Chapter 51 Wool, fine or coarse animal hair; horsehair yarn and woven fabric; except for: Manufacture from materials of any heading, except that of the product
5106 to 5110 Yarn of wool, of fine or coarse animal hair or of horsehair Spinning of natural fibres or extrusion of man-made fibres accompanied by spinning(5)
5111 to 5113 Woven fabrics of wool, of fine or coarse animal hair or of horsehair: Spinning of natural and/or man-made staple fibres or extrusion of man-made filament yarn, in each case accompanied by weavingorWeaving accompanied by dyeingorYarn dyeing accompanied by weavingorPrinting accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47,5 % of the ex-works price of the product(5)
ex Chapter 52 Cotton; except for: Manufacture from materials of any heading, except that of the product
5204 to 5207 Yarn and thread of cotton Spinning of natural fibres or extrusion of man-made fibres accompanied by spinning(5)
5208 to 5212 Woven fabrics of cotton: Spinning of natural and/or man-made staple fibres or extrusion of man-made filament yarn, in each case accompanied by weavingorWeaving accompanied by dyeing or by coatingorYarn dyeing accompanied by weavingorPrinting accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47,5 % of the ex-works price of the product(5)
ex Chapter 53 Other vegetable textile fibres; paper yarn and woven fabrics of paper yarn; except for: Manufacture from materials of any heading, except that of the product
5306 to 5308 Yarn of other vegetable textile fibres; paper yarn Spinning of natural fibres or extrusion of man-made fibres accompanied by spinning(5)
5309 to 5311 Woven fabrics of other vegetable textile fibres; woven fabrics of paper yarn: Spinning of natural and/or man-made staple fibres or extrusion of man-made filament yarn, in each case accompanied by weavingorWeaving accompanied by dyeing or by coatingorYarn dyeing accompanied by weavingorPrinting accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47,5 % of the ex-works price of the product(5)
5401 to 5406 Yarn, monofilament and thread of man-made filaments Extrusion of man-made fibres accompanied by spinning OR spinning of natural fibres(5)
5407 and 5408 Woven fabrics of man-made filament yarn: Spinning of natural and/or man-made staple fibres or extrusion of man-made filament yarn, in each case accompanied by weavingorWeaving accompanied by dyeing or by coatingorTwisting or texturing accompanied by weaving provided that the value of the non-twisted/non-textured yarns used does not exceed 47,5 % of the ex-works price of the productorPrinting accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47,5 % of the ex-works price of the product(5)
5501 to 5507 Man-made staple fibres Extrusion of man-made fibres
5508 to 5511 Yarn and sewing thread of man-made staple fibres Spinning of natural fibres or extrusion of man-made fibres accompanied by spinning(5)
5512 to 5516 Woven fabrics of man-made staple fibres: Spinning of natural and/or man-made staple fibres or extrusion of man-made filament yarn, in each case accompanied by weavingorWeaving accompanied by dyeing or by coatingorYarn dyeing accompanied by weavingorPrinting accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47,5 % of the ex-works price of the product(5)
ex Chapter 56 Wadding, felt and non-wovens; special yarns; twine, cordage, ropes and cables and articles thereof; except for: Extrusion of man-made fibres accompanied by spinning or spinning of natural fibresorFlocking accompanied by dyeing or printing(5)
5602 Felt, whether or not impregnated, coated, covered or laminated:
– Needleloom felt Extrusion of man-made fibres accompanied by fabric formation,However:polypropylene filament of heading 5402 ,polypropylene fibres of heading 5503 or 5506 , orpolypropylene filament tow of heading 5501 ,of which the denomination in all cases of a single filament or fibre is less than 9 decitex,may be used, provided that their total value does not exceed 40 % of the ex-works price of the productorFabric formation alone in the case of felt made from natural fibres(5) polypropylene filament of heading 5402 , polypropylene fibres of heading 5503 or 5506 , or polypropylene filament tow of heading 5501 ,
polypropylene filament of heading 5402 ,
polypropylene fibres of heading 5503 or 5506 , or
polypropylene filament tow of heading 5501 ,
– Other Extrusion of man-made fibres accompanied by fabric formation,orFabric formation alone in the case of other felt made from natural fibres(5)
5603 Nonwovens, whether or not impregnated, coated, covered or laminated Extrusion of man-made fibres, or use of natural fibres, accompanied by nonwoven techniques including needle punching
5604 Rubber thread and cord, textile covered; textile yarn, and strip and the like of heading 5404 or 5405 , impregnated, coated, covered or sheathed with rubber or plastics:
– Rubber thread and cord, textile covered Manufacture from rubber thread or cord, not textile covered
– Other Extrusion of man-made fibres accompanied by spinning or spinning of natural fibres(5)
5605 Metallised yarn, whether or not gimped, being textile yarn, or strip or the like of heading 5404 or 5405 , combined with metal in the form of thread, strip or powder or covered with metal Extrusion of man-made fibres accompanied by spinning or spinning of natural and/or man-made staple fibres(5)
5606 Gimped yarn, and strip and the like of heading 5404 or 5405 , gimped (other than those of heading 5605 and gimped horsehair yarn); chenille yarn (including flock chenille yarn); loop wale-yarn Extrusion of man-made fibres accompanied by spinning or spinning of natural and/or man-made staple fibresorSpinning accompanied with flockingorFlocking accompanied by dyeing(5)
Chapter 57 Carpets and other textile floor coverings: Spinning of natural and/or man-made staple fibres or extrusion of man-made filament yarn, in each case accompanied by weavingorManufacture from coir yarn or sisal yarn or jute yarnorFlocking accompanied by dyeing or by printingOrTufting accompanied by dyeing or by printingExtrusion of man-made fibres accompanied by non-woven techniques including needle punching(5)However:—polypropylene filament of heading 5402 ,—polypropylene fibres of heading 5503 or 5506 , or—polypropylene filament tow of heading 5501 ,of which the denomination in all cases of a single filament or fibre is less than 9 decitex, may be used, provided that their total value does not exceed 40 % of the ex-works price of the productJute fabric may be used as a backing — polypropylene filament of heading 5402 , — polypropylene fibres of heading 5503 or 5506 , or — polypropylene filament tow of heading 5501 ,
— polypropylene filament of heading 5402 ,
— polypropylene fibres of heading 5503 or 5506 , or
— polypropylene filament tow of heading 5501 ,
ex Chapter 58 Special woven fabrics; tufted textile fabrics; lace; tapestries; trimmings; embroidery; except for: Spinning of natural and/or man-made staple fibres or extrusion of man-made filament yarn, in each case accompanied by weavingorWeaving accompanied by dyeing or flocking or coatingorFlocking accompanied by dyeing or by printingorYarn dyeing accompanied by weavingorPrinting accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47,5 % of the ex-works price of the product(5)
5805 Hand-woven tapestries of the types Gobelins, Flanders, Aubusson, Beauvais and the like, and needle-worked tapestries (for example, petit point, cross stitch), whether or not made up Manufacture from materials of any heading, except that of the product
5810 Embroidery in the piece, in strips or in motifs Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
5901 Textile fabrics coated with gum or amylaceous substances, of a kind used for the outer covers of books or the like; tracing cloth; prepared painting canvas; buckram and similar stiffened textile fabrics of a kind used for hat foundations Weaving accompanied by dyeing or by flocking or by coatingorFlocking accompanied by dyeing or printing
5902 Tyre cord fabric of high tenacity yarn of nylon or other polyamides, polyesters or viscose rayon:
– Containing not more than 90 % by weight of textile materials Weaving
– Other Extrusion of man-made fibres accompanied by weaving
5903 Textile fabrics impregnated, coated, covered or laminated with plastics, other than those of heading 5902 Weaving accompanied by dyeing or by coatingorPrinting accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47,5 % of the ex-works price of the product
5904 Linoleum, whether or not cut to shape; floor coverings consisting of a coating or covering applied on a textile backing, whether or not cut to shape Weaving accompanied by dyeing or by coating(5)
5905 Textile wall coverings:
– Impregnated, coated, covered or laminated with rubber, plastics or other materials Weaving accompanied by dyeing or by coating
– Other Spinning of natural and/or man-made staple fibres or extrusion of man-made filament yarn, in each case accompanied by weavingorWeaving accompanied by dyeing or by coatingorPrinting accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47,5 % of the ex-works price of the product(5):
5906 Rubberised textile fabrics, other than those of heading 5902 :
– Knitted or crocheted fabrics Spinning of natural and/or man-made staple fibres or extrusion of man-made filament yarn, in each case accompanied by knittingorKnitting accompanied by dyeing or by coatingorDyeing of yarn of natural fibres accompanied by knitting(5)
– Other fabrics made of synthetic filament yarn, containing more than 90 % by weight of textile materials Extrusion of man-made fibres accompanied by weaving
– Other Weaving accompanied by dyeing or by coatingorDyeing of yarn of natural fibres accompanied by weaving
5907 Textile fabrics otherwise impregnated, coated or covered; painted canvas being theatrical scenery, studio back-cloths or the like Weaving accompanied by dyeing or by flocking or by coatingorFlocking accompanied by dyeing or by printingorPrinting accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47,5 % of the ex-works price of the product
5908 Textile wicks, woven, plaited or knitted, for lamps, stoves, lighters, candles or the like; incandescent gas mantles and tubular knitted gas mantle fabric therefor, whether or not impregnated:
– Incandescent gas mantles, impregnated Manufacture from tubular knitted gas-mantle fabric
– Other Manufacture from materials of any heading, except that of the product
5909 to 5911 Textile articles of a kind suitable for industrial use:
– Polishing discs or rings other than of felt of heading 5911 Weaving
– Woven fabrics, of a kind commonly used in papermaking or other technical uses, felted or not, whether or not impregnated or coated, tubular or endless with single or multiple warp and/or weft, or flat woven with multiple warp and/or weft of heading 5911 Extrusion of man-made fibres or Spinning of natural and/or of man-made staple fibres, in each case accompanied by weavingorWeaving accompanied by dyeing or coatingOnly the following fibres may be used:– – coir yarn– – yarn of polytetrafluoroethylene(6),– – yarn, multiple, of polyamide, coated impregnated or covered with a phenolic resin,– – yarn of synthetic textile fibres of aromatic polyamides, obtained by polycondensation of m-phenylenediamine and isophthalic acid,– – monofil of polytetrafluoroethylene(6),– – yarn of synthetic textile fibres of poly(p-phenylene terephthalamide),– – glass fibre yarn, coated with phenol resin and gimped with acrylicyarn(6),– – copolyester monofilaments of a polyester and a resin of terephthalic acid and 1,4-cyclohexanediethanol and isophthalic acid – – coir yarn – – yarn of polytetrafluoroethylene(6), – – yarn, multiple, of polyamide, coated impregnated or covered with a phenolic resin, – – yarn of synthetic textile fibres of aromatic polyamides, obtained by polycondensation of m-phenylenediamine and isophthalic acid, – – monofil of polytetrafluoroethylene(6), – – yarn of synthetic textile fibres of poly(p-phenylene terephthalamide), – – glass fibre yarn, coated with phenol resin and gimped with acrylicyarn(6), – – copolyester monofilaments of a polyester and a resin of terephthalic acid and 1,4-cyclohexanediethanol and isophthalic acid
– – coir yarn
– – yarn of polytetrafluoroethylene(6),
– – yarn, multiple, of polyamide, coated impregnated or covered with a phenolic resin,
– – yarn of synthetic textile fibres of aromatic polyamides, obtained by polycondensation of m-phenylenediamine and isophthalic acid,
– – monofil of polytetrafluoroethylene(6),
– – yarn of synthetic textile fibres of poly(p-phenylene terephthalamide),
– – glass fibre yarn, coated with phenol resin and gimped with acrylicyarn(6),
– – copolyester monofilaments of a polyester and a resin of terephthalic acid and 1,4-cyclohexanediethanol and isophthalic acid
– Other Extrusion of man-made filament yarn OR spinning of natural or man-made staple fibres, accompanied by weaving(5)orWeaving accompanied by dyeing or coating
Chapter 60 Knitted or crocheted fabrics Spinning of natural and/or man-made staple fibres or extrusion of man-made filament yarn, in each case accompanied by knittingorKnitting accompanied by dyeing or by flocking or by coatingorFlocking accompanied by dyeing or by printingorDyeing of yarn of natural fibres accompanied by knittingorTwisting or texturing accompanied by knitting provided that the value of the non-twisted/non-textured yarns used does not exceed 47,5 % of the ex-works price of the product
Chapter 61 Articles of apparel and clothing accessories, knitted or crocheted:
– Obtained by sewing together or otherwise assembling, two or more pieces of knitted or crocheted fabric which have been either cut to form or obtained directly to form Knitting and making-up (including cutting)(5)(7)
– Other Spinning of natural and/or man-made staple fibres or extrusion of man-made filament yarn, in each case accompanied by knitting (knitted to shape products)orDyeing of yarn of natural fibres accompanied by knitting (knitted to shape products)(5)
ex Chapter 62 Articles of apparel and clothing accessories, not knitted or crocheted; except for: Weaving accompanied by making-up (including cutting)orMaking-up preceded by printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47,5 % of the ex-works price of the product(5)(7)
ex ex6202 , ex ex6204 , ex ex6206 , ex ex6209 and ex ex6211 Women’s, girls’ and babies’ clothing and clothing accessories for babies, embroidered Weaving accompanied by making-up (including cutting)orManufacture from unembroidered fabric, provided that the value of the unembroidered fabric used does not exceed 40 % of the ex-works price of the product(7)
ex ex6210 and ex ex6216 Fire-resistant equipment of fabric covered with foil of aluminised polyester Weaving accompanied by making-up (including cutting)orCoating provided that the value of the uncoated fabric used does not exceed 40 % of the ex-works price of the product accompanied by making-up (including cutting)(7)
ex ex6212 Brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof, knitted or crocheted
– Obtained by sewing together or otherwise assembling, two or more pieces of knitted or crocheted fabric which have been either cut to form or obtained directly to form Knitting and making-up (including cutting)(5)(7)
– Other Spinning of natural and/or man-made staple fibres or extrusion of man-made filament yarn, in each case accompanied by knitting (knitted to shape products)orDyeing of yarn of natural fibres accompanied by knitting (knitted to shape products)(5)
6213 and 6214 Handkerchiefs, shawls, scarves, mufflers, mantillas, veils and the like:
– Embroidered Weaving accompanied by making-up (including cutting)orManufacture from unembroidered fabric, provided that the value of the unembroidered fabric used does not exceed 40 % of the ex-works price of the product(7)orMaking-up preceded by printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47,5 % of the ex-works price of the product(5)(7)
– Other Weaving accompanied by making-up (including cutting)orMaking-up followed by printing accompanied by at least two preparatory finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47,5 % of the ex-works price of the product(5)(7)
6217 Other made up clothing accessories; parts of garments or of clothing accessories, other than those of heading 6212 :
– Embroidered Weaving accompanied by making-up (including cutting)orManufacture from unembroidered fabric, provided that the value of the unembroidered fabric used does not exceed 40 % of the ex-works price of the product(7)
– Fire-resistant equipment of fabric covered with foil of aluminised polyester Weaving accompanied by making-up (including cutting)orCoating provided that the value of the uncoated fabric used does not exceed 40 % of the ex-works price of the product accompanied by making-up (including cutting)(7)
– Interlinings for collars and cuffs, cut out Manufacture from materials of any heading, except that of the product, and in which the value of all the materials used does not exceed 40 % of the ex-works price of the product
– Other Weaving accompanied by making-up (including cutting)(7)
ex Chapter 63 Other made-up textile articles; sets; worn clothing and worn textile articles; rags; except for: Manufacture from materials of any heading, except that of the product
6301 to 6304 Blankets, travelling rugs, bed linen etc.; curtains etc.; other furnishing articles:
– Of felt, of nonwovens Extrusion of man-made fibres or use of natural fibres in each case accompanied by non-woven process including needle punching and making-up (including cutting)(5)
– Other:
– – Embroidered Weaving or knitting accompanied by making-up (including cutting)Manufacture from unembroidered fabric, provided that the value of the unembroidered fabric used does not exceed 40 % of the ex-works price of the product(7)
– – Other Weaving or knitting accompanied by making-up (including cutting)
6305 Sacks and bags, of a kind used for the packing of goods Extrusion of man-made fibres or spinning of natural and/or man-made staple fibres accompanied by weaving or knitting and making-up (including cutting)(5)
6306 Tarpaulins, awnings and sunblinds; tents; sails for boats, sailboards or landcraft; camping goods:
– Of nonwovens Extrusion of man-made fibres or natural fibres in each case accompanied by any non-woven techniques including needle punching
– Other Weaving accompanied by making-up (including cutting)(5)(7)orCoating provided that the value of the uncoated fabric used does not exceed 40 % of the ex-works price of the product accompanied by making-up (including cutting)
6307 Other made-up articles, including dress patterns Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product
6308 Sets consisting of woven fabric and yarn, whether or not with accessories, for making up into rugs, tapestries, embroidered table cloths or serviettes, or similar textile articles, put up in packings for retail sale Each item in the set must satisfy the rule which would apply to it if it were not included in the set. However, non-originating articles may be incorporated, provided that their total value does not exceed 15 % of the ex-works price of the set
ex Chapter 64 Footwear, gaiters and the like; parts of such articles; except for: Manufacture from materials of any heading, except from assemblies of uppers affixed to inner soles or to other sole components of heading 6406
6406 Parts of footwear (including uppers whether or not attached to soles other than outer soles); removable in-soles, heel cushions and similar articles; gaiters, leggings and similar articles, and parts thereof Manufacture from materials of any heading, except that of the product
Chapter 65 Headgear and parts thereof Manufacture from materials of any heading, except that of the product
Chapter 66 Umbrellas, sun umbrellas, walking-sticks, seat-sticks, whips, riding-crops, and parts thereof: Manufacture from materials of any heading, except that of the productorManufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
Chapter 67 Prepared feathers and down and articles made of feathers or of down; artificial flowers; articles of human hair Manufacture from materials of any heading, except that of the product
ex Chapter 68 Articles of stone, plaster, cement, asbestos, mica or similar materials, except for: Manufacture from materials of any heading, except that of the productorManufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
ex ex6803 Articles of slate or of agglomerated slate Manufacture from worked slate
ex ex6812 Articles of asbestos; articles of mixtures with a basis of asbestos or of mixtures with a basis of asbestos and magnesium carbonate Manufacture from materials of any heading
ex ex6814 Articles of mica, including agglomerated or reconstituted mica, on a support of paper, paperboard or other materials Manufacture from worked mica (including agglomerated or reconstituted mica)
Chapter 69 Ceramic products Manufacture from materials of any heading, except that of the productorManufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
ex Chapter 70 Glass and glassware, except for: Manufacture from materials of any heading, except that of the productorManufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
7006 Glass of heading 7003 , 7004 or 7005 , bent, edge-worked, engraved, drilled,
– Glass-plate substrates, coated with a dielectric thin film, and of a semiconductor grade in accordance with SEMII-standards(8) Manufacture from non-coated glass-plate substrate of heading 7006
– Other Manufacture from materials of heading 7001
7010 Carboys, bottles, flasks, jars, pots, phials, ampoules and other containers, of glass, of a kind used for the conveyance or packing of goods; preserving jars of glass; stoppers, lids and other closures, of glass Manufacture from materials of any heading, except that of the productorCutting of glassware, provided that the total value of the uncut glassware used does not exceed 50 % of the ex-works price of the product
7013 Glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes (other than that of heading 7010 or 7018 ) Manufacture from materials of any heading, except that of the productorCutting of glassware, provided that the total value of the uncut glassware used does not exceed 50 % of the ex-works price of the productorHand-decoration (except silk-screen printing) of hand-blown glassware, provided that the total value of the hand-blown glassware used does not exceed 50 % of the ex-works price of the product
ex Chapter 71 Natural or cultured pearls, precious or semi-precious stones, precious metals, metals clad with precious metal, and articles thereof; imitation jewellery; coin, except for: Manufacture from materials of any heading, except that of the productorManufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
7106 , 7108 and 7110 Precious metals:
– Unwrought Manufacture from materials of any heading, except those of headings 7106 , 7108 and 7110orElectrolytic, thermal or chemical separation of precious metals of heading 7106 , 7108 or 7110orFusion and/or alloying of precious metals of heading 7106 , 7108 or 7110 with each other or with base metals
– Semi-manufactured or in powder form Manufacture from unwrought precious metals
ex ex7107 , ex ex7109 and ex ex7111 Metals clad with precious metals, semi-manufactured Manufacture from metals clad with precious metals, unwrought
7115 Other articles of precious metal or of metal clad with precious metal Manufacture from materials of any heading, except that of the product
7117 Imitation jewellery Manufacture from materials of any heading, except that of the productorManufacture from base metal parts, not plated or covered with precious metals, provided that the value of all the materials used does not exceed 50 % of the ex-works price of the product
ex Chapter 72 Iron and steel; except for: Manufacture from materials of any heading, except that of the product
7207 Semi-finished products of iron or non-alloy steel Manufacture from materials of heading 7201 , 7202 , 7203 , 7204 , 7205 or 7206
7208 to 7216 Flat-rolled products, bars and rods, angles, shapes and sections of iron or non-alloy steel Manufacture from ingots or other primary forms or semi-finished materials of heading 7206 or 7207
7217 Wire of iron or non-alloy steel Manufacture from semi-finished materials of heading 7207
721891 and 721899 Semi-finished products Manufacture from materials of heading 7201 , 7202 , 7203 , 7204 , 7205 or sub-heading 721810
7219 to 7222 Flat-rolled products, bars and rods, angles, shapes and sections of stainless steel Manufacture from ingots or other primary forms or semi-finished materials of heading 7218
7223 Wire of stainless steel Manufacture from semi-finished materials of heading 7218
722490 Semi-finished products Manufacture from materials of heading 7201 , 7202 , 7203 , 7204 , 7205 or sub-heading 722410
7225 to 7228 Flat-rolled products, hot-rolled bars and rods, in irregularly wound coils; angles, shapes and sections, of other alloy steel; hollow drill bars and rods, of alloy or non-alloy steel Manufacture from ingots or other primary forms or semi-finished materials of heading 7206 , 7207 , 7218 or 7224
7229 Wire of other alloy steel Manufacture from semi-finished materials of heading 7224
ex Chapter 73 Articles of iron or steel; except for: Manufacture from materials of any heading, except that of the product
ex ex7301 Sheet piling Manufacture from materials of heading 7207
7302 Railway or tramway track construction material of iron or steel, the following: rails, check-rails and rack rails, switch blades, crossing frogs, point rods and other crossing pieces, sleepers (cross-ties), fish-plates, chairs, chair wedges, sole pates (base plates), rail clips, bedplates, ties and other material specialised for jointing or fixing rails Manufacture from materials of heading 7206
7304 , 7305 and 7306 Tubes, pipes and hollow profiles, of iron (other than cast iron) or steel Manufacture from materials of heading 7206 , 7207 , 7208 , 7209 , 7210 , 7211 , 7212 , 7218 , 7219 , 7220 or 7224
ex ex7307 Tube or pipe fittings of stainless steel Turning, drilling, reaming, threading, deburring and sandblasting of forged blanks, provided that the total value of the forged blanks used does not exceed 35 % of the ex-works price of the product
7308 Structures (excluding prefabricated buildings of heading 9406 ) and parts of structures (for example, bridges and bridge-sections, lock-gates, towers, lattice masts, roofs, roofing frameworks, doors and windows and their frames and thresholds for doors, shutters, balustrades, pillars and columns), of iron or steel; plates, rods, angles, shapes, sections, tubes and the like, prepared for use in structures, of iron or steel Manufacture from materials of any heading, except that of the product. However, welded angles, shapes and sections of heading 7301 may not be used
ex ex7315 Skid chain Manufacture in which the value of all the materials of heading 7315 used does not exceed 50 % of the ex-works price of the product
ex Chapter 74 Copper and articles thereof; except for: Manufacture from materials of any heading, except that of the product
7403 Refined copper and copper alloys, unwrought Manufacture from materials of any heading
Chapter 75 Nickel and articles thereof Manufacture from materials of any heading, except that of the product
ex Chapter 76 Aluminium and articles thereof; except for: Manufacture from materials of any heading, except that of the product
7601 Unwrought aluminium Manufacture from materials of any heading
7607 Aluminium foil (whether or not printed or backed with paper, paperboard, plastics or similar backing materials) of a thickness (excluding any backing) not exceeding 0,2 mm Manufacture from materials of any heading, except that of the product and heading 7606
Chapter 77 Reserved for possible future use in the Harmonised System
ex Chapter 78 Lead and articles thereof, except for: Manufacture from materials of any heading, except that of the product
7801 Unwrought lead:
– Refined lead Manufacture from materials of any heading
– Other Manufacture from materials of any heading, except that of the product. However, waste and scrap of heading 7802 may not be used
Chapter 79 Zinc and articles thereof: Manufacture from materials of any heading, except that of the product
Chapter 80 Tin and articles thereof Manufacture from materials of any heading, except that of the product
Chapter 81 Other base metals; cermets; articles thereof Manufacture from materials of any heading
ex Chapter 82 Tools, implements, cutlery, spoons and forks, of base metal; parts thereof of base metal; except for: Manufacture from materials of any heading, except that of the productorManufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
8206 Tools of two or more of the headings 8202 to 8205 , put up in sets for retail sale Manufacture from materials of any heading, except those of headings 8202 to 8205 . However, tools of headings 8202 to 8205 may be incorporated into the set, provided that their total value does not exceed 15 % of the ex-works price of the set
8211 Knives with cutting blades, serrated or not (including pruning knives), other than knives of heading 8208 , and blades therefor Manufacture from materials of any heading, except that of the product. However, knife blades and handles of base metal may be used
8214 Other articles of cutlery (for example; hair clippers, butchers’ or kitchen cleavers, choppers and mincing knives, paper knives); manicure or pedicure sets and instruments (including nail files) Manufacture from materials of any heading, except that of the product. However, handles of base metal may be used
8215 Spoons, forks, ladles, skimmers, cake-servers, fish-knives, butter-knives, sugar tongs and similar kitchen or tableware Manufacture from materials of any heading, except that of the product. However, handles of base metal may be used
ex Chapter 83 Miscellaneous articles of base metal; except for: Manufacture from materials of any heading, except that of the productorManufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
ex ex8302 Other mountings, fittings and similar articles suitable for buildings, and automatic door closers Manufacture from materials of any heading, except that of the product. However, other materials of heading 8302 may be used, provided that their total value does not exceed 20 % of the ex-works price of the product
ex ex8306 Statuettes and other ornaments, of base metal Manufacture from materials of any heading, except that of the product. However, other materials of heading 8306 may be used, provided that their total value does not exceed 30 % of the ex-works price of the product
ex Chapter 84 Nuclear reactors, boilers, machinery and mechanical appliances; parts thereof; except for: Manufacture from materials of any heading, except that of the productorManufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
8401 Nuclear reactors; fuel elements (cartridges), non-irradiated, for nuclear reactors; machinery and apparatus for isotopic separation Manufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
8407 Spark-ignition reciprocating or rotary internal combustion piston engines Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
8408 Compression-ignition internal combustion piston engines (diesel or semi-diesel engines Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
8427 Fork-lift trucks; other works trucks fitted with lifting or handling equipment Manufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
8482 Ball or roller bearings Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
ex Chapter 85 Electrical machinery and equipment and parts thereof; sound recorders and reproducers, television image and sound recorders and reproducers, and parts and accessories of such articles; except for: Manufacture from materials of any heading, except that of the productorManufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
8501 , 8502 Electric motors and generators; Electric generating sets and rotary converters Manufacture from materials of any heading, except that of the product and of heading 8503orManufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
8513 Portable electric lamps designed to function by their own source of energy (for example, dry batteries, accumulators, magnetos), other than lighting equipment of heading 8512 Manufacture from materials of any heading, except that of the product.orManufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
8519 Sound recording and sound reproducing apparatus Manufacture from materials of any heading, except that of the product and of heading 8522orManufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
8521 Video recording or reproducing apparatus, whether or not incorporating a video tuner Manufacture from materials of any heading, except that of the product and of heading 8522orManufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
8523 Prepared unrecorded media for sound recording or similar recording of other phenomena, other than products of Chapter 37 Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
8525 Transmission apparatus for radio-broadcasting or television, whether or not incorporating reception apparatus or sound recording or reproducing apparatus; television cameras, digital cameras and other video camera recorders Manufacture from materials of any heading, except that of the product and of heading 8529orManufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
8526 Radar apparatus, radio navigational aid apparatus and radio remote control apparatus Manufacture from materials of any heading, except that of the product and of heading 8529orManufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
8527 Reception apparatus for radio-broadcasting, whether or not combined, in the same housing, with sound recording or reproducing apparatus or a clock Manufacture from materials of any heading, except that of the product and of heading 8529orManufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
8528 Monitors and projectors, not incorporating television reception apparatus; reception apparatus for television, whether or not incorporating radio-broadcast receivers or sound or video recording or reproducing apparatus Manufacture from materials of any heading, except that of the product and of heading 8529orManufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
8535 to 8537 Electrical apparatus for switching or protecting electrical circuits, or for making connections to or in electrical circuits; connectors for optical fibres, optical fibre bundles or cables; boards, panels, consoles, desks, cabinets and other bases, for electric control or the distribution of electricity Manufacture from materials of any heading, except that of the product and of heading 8538orManufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
854011 and 854012 Cathode ray television picture tubes, including video monitor cathode ray tubes Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
854231 to 854233 and 854239 Monolithic integrated circuits Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the productorThe operation of diffusion, in which integrated circuits are formed on a semi-conductor substrate by the selective introduction of an appropriate dopant, whether or not assembled and/or tested in a non-party
8544 Insulated (including enamelled or anodised) wire, cable (including coaxial cable) and other insulated electric conductors, whether or not fitted with connectors; optical fibre cables, made up of individually sheathed fibres, whether or not assembled with electric conductors or fitted with connectors Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
8545 Carbon electrodes, carbon brushes, lamp carbons, battery carbons and other articles of graphite or other carbon, with or without metal, of a kind used for electrical purposes Manufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
8546 Electrical insulators of any material Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
8547 Insulating fittings for electrical machines, appliances or equipment, being fittings wholly of insulating materials apart from any minor components of metal (for example, threaded sockets) incorporated during moulding solely for purposes of assembly, other than insulators of heading 8546 ; electrical conduit tubing and joints therefore, of base metal lined with insulating material Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
8548 Waste and scrap of primary cells, primary batteries and electric accumulators; spent primary cells, spent primary batteries and spent electric accumulators; electrical parts of machinery or apparatus, not specified or included elsewhere in this Chapter Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
Chapter 86 Railway or tramway locomotives, rolling-stock and parts thereof; railway or tramway track fixtures and fittings and parts thereof; mechanical (including electro-mechanical) traffic signalling equipment of all kinds: Manufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
ex Chapter 87 Vehicles other than railway or tramway rolling-stock, and parts and accessories thereof; except for: Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
8711 Motorcycles (including mopeds) and cycles fitted with an auxiliary motor, with or without side-cars; side-cars Manufacture from materials of any heading, except that of the productorManufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
ex Chapter 88 Aircraft, spacecraft, and parts thereof, except for: Manufacture from materials of any heading, except that of the productorManufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
ex ex8804 Rotochutes Manufacture from materials of any heading, including other materials of heading 8804orManufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
Chapter 89 Ships, boats and floating structures Manufacture from materials of any heading, except that of the productorManufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
ex Chapter 90 Optical, photographic, cinematographic, measuring, checking, precision, medical or surgical instruments and apparatus; parts and accessories thereof, except for: Manufacture from materials of any heading, except that of the productorManufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
9002 Lenses, prisms, mirrors and other optical elements, of any material, mounted, being parts of or fittings for instruments or apparatus, other than such elements of glass not optically worked Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
9033 Parts and accessories (not specified or included elsewhere in this Chapter) for machines, appliances, instruments or apparatus of Chapter 90 Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
Chapter 91 Clocks and watches and parts thereof Manufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
Chapter 92 Musical instruments; parts and accessories of such articles Manufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
Chapter 93 Arms and ammunition; parts and accessories thereof Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
Chapter 94 Furniture; bedding, mattresses, mattress supports, cushions and similar stuffed furnishings; lamps and lighting fittings, not elsewhere specified or included; illuminated signs, illuminated name-plates and the like; prefabricated buildings Manufacture from materials of any heading, except that of the productorManufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
ex Chapter 95 Toys, games and sports requisites; parts and accessories thereof, except for: Manufacture from materials of any heading, except that of the productorManufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
ex ex9506 Golf clubs and parts thereof Manufacture from materials of any heading, except that of the product. However, roughly-shaped blocks for making golf-club heads may be used
ex Chapter 96 Miscellaneous manufactured articles, except for: Manufacture from materials of any heading, except that of the productorManufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
9601 and 9602 Worked ivory, bone, tortoiseshell, horn, antlers, coral, mother-of-pearl and other animal carving material, and articles of these materials (including articles obtained by moulding.Worked vegetable or mineral carving material and articles of these materials; moulded or carved articles of wax, of stearin, of natural gums or natural resins or of modelling pastes, and other moulded or carved articles, not elsewhere specified or included; worked, unhardened gelatine (except gelatine of heading 3503 ) and articles of unhardened gelatine Manufacture from materials of any heading
9603 Brooms, brushes (including brushes constituting parts of machines, appliances or vehicles), hand-operated mechanical floor sweepers, not motorized, mops and feather dusters; prepared knots and tufts for broom or brush making; paint pads and rollers, squeegees (other than roller squeegees) Manufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
9605 Travel sets for personal toilet, sewing or shoe or clothes cleaning Each item in the set must satisfy the rule which would apply to it if it were not included in the set. However, non-originating articles may be incorporated, provided that their total value does not exceed 15 % of the ex-works price of the set
9606 Buttons, press-fasteners, snap-fasteners and press-studs, button moulds and other parts of these articles; button blanks Manufacture:—from materials of any heading, except that of the product, and—in which the value of all the materials used does not exceed 70 % of the ex-works price of the product — from materials of any heading, except that of the product, and — in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
— from materials of any heading, except that of the product, and
— in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
9608 Ball-point pens; felt-tipped and other porous-tipped pens and markers; fountain pens, stylograph pens and other pens; duplicating stylos; propelling or sliding pencils; pen-holders, pencilholders and similar holders; parts (including caps and clips) of the foregoing articles, other than those of heading 9609 Manufacture from materials of any heading, except that of the product. However, nibs or nib-points of the same heading as the product may be used
9612 Typewriter or similar ribbons, inked or otherwise prepared for giving impressions, whether or not on spools or in cartridges; ink-pads, whether or not inked, with or without boxes Manufacture:—from materials of any heading, except that of the product, and—in which the value of all the materials used does not exceed 70 % of the ex-works price of the product — from materials of any heading, except that of the product, and — in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
— from materials of any heading, except that of the product, and
— in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
961320 Pocket lighters, gas fuelled, refillable Manufacture in which the total value of the materials of heading 9613 used does not exceed 30 % of the ex-works price of the product
9614 Smoking pipes (including pipe bowls) and cigar or cigarette holders, and parts thereof Manufacture from materials of any heading
Chapter 97 Works of art, collectors’ pieces and antiques Manufacture from materials of any heading, except that of the product
— all the materials of Chapter 4 used are wholly obtained; and
— the weight of sugar(1)used does not exceed 40 % of the weight of the final product
— all the fruit, nuts and peels of citrus fruits or melons of Chapter 8 used are wholly obtained, and
— the weight of sugar(1)used does not exceed 40 % of the weight of the final product
— from materials of any heading, except meat and edible meat offal of Chapter 2 and materials of Chapter 16 obtained from meat and edible meat offal of Chapter 2, and
— in which all the materials of Chapter 3 and materials of Chapter 16 obtained from fish and crustaceans, molluscs and other aquatic invertebrates of Chapter 3 used are wholly obtained
— the individual weight of sugar(1)and of the materials of Chapter 4 used does not exceed 40 % of the weight of the final product, and
— the total combined weight of sugar(1)and the materials of Chapter 4 used does not exceed 60 % of the weight of final product
— the individual weight of sugar(1)and of the materials of Chapter 4 used does not exceed 40 % of the weight of the final product, and
— the total combined weight of sugar(1)and the materials of Chapter 4 used does not exceed 60 % of the weight of final product
— the weight of the materials of Chapters 2, 3 and 16 used does not exceed 20 % of the weight of the final product, and
— the weight of the materials of headings 1006 and 1101 to 1108 used does not exceed 20 % of the weight of the final product, and
— the individual weight of sugar(1)and of the materials of Chapter 4 used does not exceed 40 % of the weight of the final product, and
— the total combined weight of sugar(1)and the materials of Chapter 4 used does not exceed 60 % of the weight of final product
— the individual weight of sugar(1)and of the materials of Chapter 4 used does not exceed 40 % of the weight of the final product, and
— the total combined weight of sugar(1)and the materials of Chapter 4 used does not exceed 60 % of the weight of final product
— all the materials of sub-headings 080610 , 200961 , 200969 used are wholly obtained, and
— the individual weight of sugar(1)and of the materials of Chapter 4 used does not exceed 40 % of the weight of the final product, and
— the total combined weight of sugar(1)and the materials of Chapter 4 used does not exceed 60 % of the weight of final product
— all the materials of Chapters 2 and 3 used are wholly obtained, and
— the weight of materials of Chapter 10 and 11 and headings 2302 and 2303 used does not exceed 20 % of the weight of the final product, and
— the individual weight of sugar(1)and of the materials of Chapter 4 used does not exceed 40 % of the weight of the final product, and
— the total combined weight of sugar and the materials of Chapter 4 used does not exceed 60 % of the weight of final product
— With a basis of paraffin, petroleum waxes, waxes obtained from bituminous minerals, slack wax or scale wax
polypropylene filament of heading 5402 ,
polypropylene fibres of heading 5503 or 5506 , or
polypropylene filament tow of heading 5501 ,
— polypropylene filament of heading 5402 ,
— polypropylene fibres of heading 5503 or 5506 , or
— polypropylene filament tow of heading 5501 ,
– – coir yarn
– – yarn of polytetrafluoroethylene(6),
– – yarn, multiple, of polyamide, coated impregnated or covered with a phenolic resin,
– – yarn of synthetic textile fibres of aromatic polyamides, obtained by polycondensation of m-phenylenediamine and isophthalic acid,
– – monofil of polytetrafluoroethylene(6),
– – yarn of synthetic textile fibres of poly(p-phenylene terephthalamide),
– – glass fibre yarn, coated with phenol resin and gimped with acrylicyarn(6),
– – copolyester monofilaments of a polyester and a resin of terephthalic acid and 1,4-cyclohexanediethanol and isophthalic acid
— from materials of any heading, except that of the product, and
— in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
— from materials of any heading, except that of the product, and
— in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
1. Movement certificates EUR.1 shall be made out on the form of which a specimen appears in this Appendix. This form shall be printed in one or more of the languages in which this Decision is drawn up. Certificates shall be made out in one of these languages and in accordance with the provisions of the domestic law of the exporting State if they are handwritten, they shall be completed in ink and in capital letters.
2. Each certificate shall measure 210 × 297 mm, a tolerance of up to plus 8 mm or minus 5 mm in the length may be allowed. The paper used must be white, sized for writing, not containing mechanical pulp and weighing not less than 25 g/m2. It shall have a printed green guilloche pattern background making any falsification by mechanical or chemical means apparent to the eye.
3. The exporting States may reserve the right to print the certificates themselves or may have them printed by approved printers. In the latter case each certificate must include a reference to such approval. Each certificate must bear the name and address of the printer or a mark by which the printer can be identified. It shall also bear a serial number, either printed or not, by which it can be identified.
1. The form of the information certificate given in this Annex shall be used and printed in one or more of the official languages in which the Agreement is drawn up and in accordance with the provisions of the domestic law of the exporting country or territory. Information certificates shall be completed in one of those languages; if they are handwritten, they shall be completed in ink in capital letters. They shall bear a serial number, whether or not printed, by which they can be identified.
2. The information certificate shall measure 210 x 297 mm, a tolerance of up to plus 8 mm or minus 5 mm in the length may be allowed. The paper must be white, sized for writing, not containing mechanical pulp and weighing not less than 25 g/m2.
3. The administrators of the country or territory may reserve the right to print the forms themselves or may have them printed by printers approved by them. In the latter case, each form must include a reference to such approval. The forms shall bear the name and address of the printer or a mark by which the printer can be identified.
HS/CN-Code Description
1701 Cane or beet sugar and chemically pure sucrose, in solid form.
1702 Other sugars, including chemically pure lactose, maltose, glucose and fructose, in solid form; sugar syrups not containing added flavouring or colouring matter; artificial honey, whether or not mixed with natural honey; caramel.
ex 1704 90 corresponding to 1704 90 99 Sugar confectionery, not containing cocoa (excl. chewing gum; liquorice extract containing more than 10 % by weight of sucrose but not containing other added substances; white chocolate; pastes, including marzipan in immediate packings of a net content of 1 kg or more; throat pastilles and cough drops; sugar-coated (panned) goods; gum confectionery and jelly confectionery, including fruit pastes in the form of sugar confectionery; boiled sweets; toffees; caramels and similar sweet; compressed tablets)
ex 1806 10 corresponding to 1806 10 30 Cocoa powder, containing 65 % or more but less than 80 % by weight of sucrose (including invert sugar expressed as sucrose) or isoglucose expressed as sucrose
ex 1806 10 corresponding to 1806 10 90 Cocoa powder containing 80 % or more by weight of sucrose (including invert sugar expressed as sucrose) or isoglucose expressed as sucrose
ex 1806 20 corresponding to 1806 20 95 Food preparations containing cocoa in blocks, slabs or bars weighing more than 2 kg or in liquid, paste, powder, granular or other bulk form in containers or immediate packings, of a content exceeding 2 kg (excl. cocoa powder, preparations containing 18 % or more by weight of cocoa butter or containing a combined weight of 25 % or more of cocoa butter and milkfat; chocolate milk crumb; chocolate flavour coating; chocolate and chocolate products; sugar confectionery and substitutes thereof made from sugar substitution products, containing cocoa; spreads containing cocoa; preparations containing cocoa for making beverages)
ex 1901 90 corresponding to 1901 90 99 Food preparations of flour, groats, meal, starch or malt extract, not containing cocoa or containing less than 40 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included, food preparations of goods of headings 0401 to 0404 , not containing cocoa or containing less than 5 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included (excl. food preparations containing nor or less than 1,5 % milkfat, 5 % sucrose (including invert sugar) or isoglucose, 5 % glucose or starch; food preparations in powder form of goods of headings 0401 to 0404 ; preparations for infant use, put up for retail sale; mixes and doughs for the preparation of bakers’ wares of heading 1905 )
ex 2101 12 corresponding to 2101 12 98 Products with a basis of coffee (excl. extracts, essences and concentrates of coffee and preparations with a basis of these extracts, essences or concentrates)
ex 2101 20 corresponding to 2101 20 98 Products with a basis of tea or maté (excl. extracts, essences and concentrates of tea or maté and preparations with a basis of these extracts, essences or concentrates)
ex 2106 90 corresponding to 2106 90 59 Flavoured or coloured sugar syrups (excl. isoglucose syrups, lactose syrup, glucose syrup and maltodextrine syrup)
ex 2106 90 corresponding to 2106 90 98 Food preparations not elsewhere specified or included (excl. protein concentrates and textured protein substances; compound alcoholic preparations, other than those based on odoriferous substance, of a kind used for the manufacture of beverages; flavoured or coloured sugar syrups; preparations containing no less than 1,5 % milkfat; 5 % sucrose or isoglucose, 5 % glucose or starch)
ex 3302 10 corresponding to 3302 10 29 Preparations based on odoriferous substances of a kind used as raw materials in the drinks industries containing all flavouring agents characterising a beverage with an actual alcoholic strength by volume not exceeding 0,5 % (excl. preparations containing no less than 1,5 % milkfat, 5 % sucrose or isoglucose, 5 glucose or starch)
(a) fraud;
(b) irregularities or systematic failure to comply with or to ensure compliance with the rules concerning the origin of the products and with the procedures related thereto; or
(c) failure to provide the administrative cooperation referred to in paragraph 2 of this Article and Title V of Annex VI as required for the implementation and policing of the arrangements referred to in Articles 43 to 49 of this Decision.
(a) communicates to the Commission and updates the information necessary for the implementation of the rules of origin and the policing thereof;
(b) assists the Union by carrying out, at the request of the customs authorities of the Member States, subsequent verification of the origin of the goods, and communicates its results in time;
(c) carries out or arranges for appropriate inquiries to identify and prevent contravention of the rules of origin;
(d) assists the Union by allowing the Commission, in coordination and close cooperation with the competent authorities of the Member States, to conduct Union inquiries on its territory, in order to verify the authenticity of documents or the accuracy of information relevant for granting the benefit of the arrangements referred to in Article 43 of this Decision;
(e) complies with or ensure compliance with the rules of origin in respect of cumulation, within the meaning of Articles 7 to 10 of Annex VI;
(f) assists the Union in the verification of conduct where there is the presumption of origin-related fraud. The existence of fraud may be presumed where imports of products under the preferential arrangements provided for in this Decision massively exceed the usual levels of the beneficiary OCTs’s exports.
(a) consulted the Committee referred to in Article 10 of Annex VIII in accordance with the procedure referred to in Article 3(2) of this Annex;
(b) called on the Member States to take such precautionary measures as are necessary, in order to safeguard the Union’s financial interests and/or secure compliance by the beneficiary country with its obligations; and
(c) published a notice in theOfficial Journal of the European Unionstating that there are grounds for reasonable doubt about the application of the preferential arrangements and/or compliance by the beneficiary country with its obligations, which may call into question its right to continue to enjoy the benefits granted by this Decision.
(a) ‘like product’ means a product which is identical, namely alike in all respects, to the product under consideration, or, in the absence of such a product, another product which, although not alike in all respects, has characteristics closely resembling those of the product under consideration;
(b) ‘interested parties’ means those parties involved in the production, distribution and/or sale of the imports mentioned in Article 2(1) of this Annex and of like or directly competing products;
(c) ‘serious difficulties’ shall exist where Union producers suffer deterioration in their economic and/or financial situation.
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 203 thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national Parliaments,
Having regard to the opinion of the European Parliament,
Acting in accordance with a special legislative procedure,
(1) This Decision replaces Council Decision 2001/822/EC(1)which applies until 31 December 2013. Pursuant to Article 62 of Decision 2001/822/EC, the Council is to establish the provisions to be laid down for the subsequent application of the principles set out in Articles 198 to 202 of the Treaty on the Functioning of the European Union (TFEU).
(2) In its conclusions of 22 December 2009 on the EU’s relations with Overseas Countries and Territories (OCTs), the Council invited the Commission to submit a legislative proposal to revise the Overseas Association Decision before July 2012. The Council endorsed the Commission’s proposal to base the future partnership between the Union and the OCTs on three key pillars: (1) enhancing competitiveness, (2) strengthening resilience and reducing vulnerability and (3) promoting cooperation and integration between the OCTs and other partners and neighbouring regions.
(3) The Commission held a public consultation between June and October 2008 and proposed a number of orientations for a new Association Decision. The results of this consultation were synthesised in a Communication of 6 November 2009 entitled ‘Elements for a new partnership between the European Union and the Overseas Countries and Territories (OCTs)’.
(4) The TFEU and its secondary legislation do not automatically apply to the OCTs, with the exception of a number of provisions which explicitly provide for the contrary. Although not third countries, the OCTs do not form part of the single market and must comply with the obligations imposed on third countries in respect of trade, particularly rules of origin, health and plant health standards and safeguard measures.
(5) The special relationship between the Union and the OCTs should move away from a classic development cooperation approach to a reciprocal partnership to support the OCTs’ sustainable development. Moreover, the solidarity between the Union and the OCTs should be based on their unique relationship and their belonging to the same ‘European family’.
(6) The contribution of civil society to OCTs development can be enhanced by strengthening civil society organisations in all spheres of cooperation.
(7) Given the OCTs’ geographical position, cooperation between them and their neighbours, despite the different status vis-à-vis Union law of each actor in a given geographical area, should be pursued in the interests of all sides with a particular focus on areas of common interest and the promotion of the Union’s values and standards. Moreover, the OCTs could act as regional hubs or centres of excellence in their regions.
(8) The Union should support the policies and strategies of an OCTs in an area of mutual interest on the basis of the specific need, potential and choice of the OCTs concerned.
(9) The association should aim at ensuring the conservation, restoration and sustainable use of biological diversity and ecosystem services as a key element for the achievement of sustainable development.
(10) The OCTs are host to wide terrestrial and marine biodiversity. Climate change could impact on OCTs’ natural environment and constitute a threat undermining their sustainable development. Actions in the fields of conservation of biodiversity and ecosystem services, disaster risk reduction, sustainable management of natural resources and promotion of sustainable energy would contribute to adaptation and mitigation of climate change in the OCTs.
(11) The significant role which OCTs could play in contributing to the Union’s commitments under Multilateral Environmental Agreements should be recognised in the relations between the Union and the OCTs.
(12) It is important to support the OCTs in their efforts in becoming less dependent on fossil fuels, with a view to reducing their vulnerability to fuels access and price volatility, thus making their economy more resilient and less vulnerable to external shocks.
(13) The Union could assist the OCTs to reduce their vulnerability to disasters and support the actions and measures they undertake for this purpose.
(14) The effects of the OCTs’ remoteness constitute a barrier to their competitiveness and thus it is important to improve the accessibility of the OCTs.
(15) The Union and the OCTs recognise the importance of education and vocational training as a lever for the OCTs’ sustainable development.
(16) Further economic and social development of the OCTs should be mutually supportive and aim at strengthening competitiveness of the OCTs’ economy, as well as attaining social welfare and inclusion, in particular for vulnerable groups and persons with disabilities. To that end, cooperation between the Union and OCTs should include exchange of information and best practice in the relevant areas, including skills development and social protection as well as promoting the rights of persons with disabilities, bearing in mind the principles of the UN Convention on the Rights of Persons with Disabilities. Moreover, the association between the Union and OCTs should contribute to the promotion of decent work, including best practice in social dialogue, as well as respect for core labour standards, equal opportunities, non-discrimination and accessibility in the OCTs and regions where they are located.
(17) Tourism could constitute an area of cooperation between the Union and the OCTs. The aim of cooperation should be to support the efforts of the authorities of the OCTs to derive maximum benefit from local, regional and international tourism and stimulate private financial flows from the Union and other sources into the development of tourism in the OCTs. Particular attention should be given to the need to integrate tourism into the social, cultural and economic life of the people, as well as respect for the environment.
(18) The incidence of communicable diseases in the OCTs, such asdenguein the Caribbean and the Pacific andchikungunyain the Indian Ocean region, can have a significant negative impact on health and the economy. Beyond decreasing the productivity of affected populations, epidemics in OCTs are likely to heavily impact tourism, which is a mainstay of many OCTs’ economies. Given the large number of tourists and migrant workers travelling to OCTs, they are vulnerable to importation of infectious diseases. Inversely, the large flow of people travelling back from OCTs could be a vector of introduction of communicable diseases in Europe. Ensuring a ‘safe tourism’ is therefore a critical factor for the sustainability of those OCTs economies that heavily rely on tourism.
(19) The association between the Union and the OCTs should take into account and contribute to the preservation of the cultural diversity and identity of OCTs.
(20) The Union recognises the importance of developing a more active partnership with the OCTs as regards good governance and the fight against organised crime, trafficking in human beings, terrorism and corruption.
(21) Trade and trade-related cooperation between the Union and the OCTs should contribute to the objective of sustainable economic development, social development and environmental protection.
(22) Global changes, reflected in the continuing process of trade liberalisation, broadly implicate the Union, the principal trading partner of the OCTs, their ACP neighbours and other economic partners.
(23) The OCTs are fragile island environments requiring adequate protection, including in respect of waste management. In respect of radioactive waste, Article 198 of the Euratom Treaty and the related secondary legislation provide for this, except with regard to Greenland, to which the Euratom Treaty does not apply. For other waste, it should be specified which Union rules are to apply in respect of the OCTs.
(24) This Decision should provide for more flexible rules of origin, including new possibilities of cumulation of origin. Cumulation should be possible not only with OCTs and Economic Partnership Agreement (EPA) countries, but under certain conditions, also for products originating in countries with which the Union is applying a free trade agreement as well as for products entering the Union duty-free and quota-free under the Union’s General System of Preferences(2), also subject to conditions. These conditions are necessary to prevent trade circumvention and ensure the proper functioning of the cumulation arrangements.
(25) The procedures for certification of OCTs origin should be updated, in the interests of the operators and administrations concerned in the OCTs. Provisions on administrative cooperation between the Union and the OCTs should also be updated accordingly.
(26) Methods of administrative cooperation and the possibility to temporarily withdraw preferential treatment in respect of all or of certain products originating in the OCTs in cases of fraud, irregularities or a systematic failure to comply with the rules concerning the origin of the products, or a failure to provide administrative cooperation should be established. In addition, sufficiently detailed safeguard and surveillance provisions should be laid down. This would allow OCTs and Union competent authorities as well as economic operators to rely on clear and transparent rules and procedures. Finally, it is a matter of common interest to ensure the proper application of the procedures and arrangements that allow the OCTs to export goods to the Union duty-free and quota-free.
(27) Taking into account the aims of integration and the developments of global trade in the area of services and establishment, it is necessary to support the development of services markets and investment possibilities by improving the market access of OCTs services and investment to the Union market. In this regard the Union should offer to OCTs the best possible treatment offered to any other trading partner through comprehensive most favoured nation clauses, while ensuring more flexible possibilities for trade relations for OCTs by limiting the treatment offered by OCTs to the Union to what has been offered to other major trading economies.
(28) Intellectual property rights are a crucial component for stimulating innovation and are a tool to promote economic and social development. They benefit countries by allowing them to protect intellectual creations and assets. Their protection and enforcement helps to facilitate trade, growth and foreign investment as well as to combat the health and safety risks of counterfeit products. OCTs can benefit from a policy on intellectual property rights, in particular in the context of the preservation of biodiversity and the development of technology.
(29) Sanitary and phyto-sanitary measures and technical barriers to trade may have an impact on trade and require cooperation. Trade and trade-related cooperation should also address competition policies and intellectual property rights, which affect the equitable distribution of the gains of trade.
(30) In order to ensure that OCTs may participate under the best conditions in the Union’s internal market as well as in regional, sub-regional and international markets, it is important to develop the capacity of the OCTs in relevant areas. These include the development of human resources and skills, the development of small and medium enterprises, the diversification of economic sectors and the implementation of an appropriate legal framework in order to achieve a business climate conducive to investment.
(31) Cooperation in the area of financial services between the Union and OCTs should contribute to building a safer, sounder, more transparent financial system that is essential to enhance global financial stability and to underpin sustainable growth. Efforts in that area should focus on convergence with internationally agreed standards and approximation of OCTs legislation with Unionacquison financial services. Adequate attention should be paid to strengthening administrative capacity of OCTs authorities, including in the area of supervision.
(32) Financial assistance to the OCTs should be allocated on the basis of uniform, transparent and effective criteria, taking into account the needs and performances of the OCTs. Such criteria should take into account the size of the population, the level of Gross Domestic Product (GDP), the level of previous allocations from the European Development Fund (EDF) and constraints due to the geographical isolation of OCTs.
(33) In the interest of efficiency, simplification and recognition of the management capacities of the OCTs authorities, the financial resources granted to the OCTs should be managed on the basis of a reciprocal partnership. Moreover, the authorities of the OCTs should assume the responsibility for the formulation and implementation of those policies agreed upon between the parties as cooperation strategies.
(34) The procedures regarding financial assistance should delegate the main responsibility for the 11th EDF programming and implementing cooperation to the OCTs in particular. Cooperation should be conducted predominantly in conformity with OCTs territorial regulations and should underpin support for monitoring, evaluating and auditing the operations programmed. The limited administrative and human resources of the OCTs should be taken into account in the programming and implementation process. In addition, it is necessary to clarify that OCTs are eligible for different sources of funding.
(35) OCTs may participate in European Groupings of Territorial Cooperation (EGTC), pursuant to Regulation (EC) No 1082/2006 of the European Parliament and of the Council(3). Regional cooperation for OCTs may therefore consist in their participation in an EGTC, in accordance with the arrangements applicable to the Member State to which the OCTs is linked. OCTs members of an EGTC may be eligible for regional financing.
(36) In order to take into account technological developments and changes in customs legislation, the power to adopt acts amending the Appendices to Annex VI, in accordance with Article 290 TFEU, should be delegated to the Commission. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a timely and appropriate transmission of relevant documents to the Council.
(37) By virtue of this Decision, the Council should be able to produce an innovative response to all the factors mentioned above, which is both consistent and tailored to the variety of situations,
HAS ADOPTED THIS DECISION:

Purpose
Article 1
1. This Decision establishes an association of the overseas countries and territories (OCTs) with the Union (the ‘association’), which constitutes a partnership, based on Article 198 TFEU, to support the OCTs’ sustainable development as well as to promote the values and standards of the Union in the wider world.
2. The partners to the association are the Union, the OCTs and the Member States to which they are linked.

Territorial application
Article 2
The association shall apply to the OCTs listed in Annex II to the TFEU.

Objectives, principles and values
Article 3
1. The association between the Union and the OCTs shall be based on objectives, principles and values shared by the OCTs, the Member States to which they are linked and the Union.
2. The association shall pursue the overall objectives laid down in Article 199 TFEU, by the enhancement of the OCTs’s competitiveness, the strengthening of the OCTs’ resilience, the reduction of their economic and environmental vulnerability and the promotion of cooperation between them and other partners.
3. In pursuing those objectives, the association shall respect the fundamental principles of liberty, democracy, human rights and fundamental freedoms, the rule of law, good governance and sustainable development, all of which are common to the OCTs and the Member States to which they are linked.
4. There shall be no discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation in the areas of cooperation referred to in this Decision.
5. The partners recognise each other’s rights to determine their sustainable development policies and priorities, to establish their own levels of domestic environmental and labour protection, and to adopt or modify accordingly the relevant laws and policies, consistently with commitment to the internationally recognised standards and agreements. In doing so, they shall strive to ensure high levels of environmental and labour protection.
6. In implementing this Decision, the partners shall be guided by the principles of transparency, subsidiarity and the need for efficiency and shall equally address the three pillars of OCTs’ sustainable development: economic development, social development and environmental protection.

Management of the association
Article 4
Management of the association shall be conducted by the Commission and the OCTs authorities and, where necessary, by the Member State to which the OCTs is linked, in accordance with respective institutional, legal and financial competences.

Mutual interests, complementarity and priorities
Article 5
1. The association is the framework for policy dialogue and cooperation on issues of mutual interest.
2. Priority shall be given to cooperation in areas of mutual interest, such as:
(a)
the economic diversification of OCTs economies, including their further integration in world and regional economies;
(b)
the promotion of green growth;
(c)
the sustainable management of natural resources, including the conservation and sustainable use of biodiversity and ecosystem services;
(d)
the adaptation to and mitigation of impacts of climate change;
(e)
the promotion of disaster risk reduction;
(f)
the promotion of research, innovation and scientific cooperation activities;
(g)
the promotion of social, cultural and economic exchanges between the OCTs, their neighbours and other partners.
3. Cooperation in the areas of mutual interest aims at the promotion of OCTs self-reliance and of the development of OCTs’ capacities to formulate, implement and monitor strategies and policies set out in paragraph 2.

Promotion of the association
Article 6
1. With an aim to strengthen the relations between themselves, the Union and the OCTs endeavour to make the association known among their citizens, in particular by promoting the development of the links and cooperation between the authorities, academic community, civil society and businesses of OCTs on the one hand and their interlocutors within the Union on the other.
2. OCTs shall make efforts to strengthen and promote their relations with the Union as a whole. The Member States shall support these efforts.

Regional cooperation, regional integration and cooperation with other partners
Article 7
1. Subject to Article 3 of this Decision, the association aims at supporting the OCTs in their efforts to take part in relevant international, regional and/or sub-regional cooperation initiatives as well as regional or sub-regional integration processes, in line with their own aspirations and in accordance with objectives and priorities defined by the competent OCTs authorities.
2. To this end, the Union and the OCTs may exchange information and best practices or establish any other form of close cooperation and coordination with other partners in the context of the OCTs’ participation in regional and international organisations, where appropriate by means of international agreements.
3. The association aims at supporting cooperation between the OCTs and other partners in the areas of cooperation set out in Parts Two and Three of this Decision. In that respect, the objective of the association is to promote the cooperation between the OCTs and the outermost regions, referred to in Article 349 TFEU, their neighbouring African, Caribbean and Pacific (ACP) and non-ACP States. In order to achieve that objective, the Union shall improve coordination and synergies between cooperation programmes supported by different EU financial instruments. The Union shall also endeavour to associate OCTs in its instances of dialogue with their neighbouring countries, whether they are ACP or non-ACP States, and with the outermost regions, where appropriate.
4. The support to OCTs’ participation in relevant regional integration organisations shall focus in particular on:
(a)
capacity building of relevant regional organisations and institutions of which OCTs are members;
(b)
regional or sub-regional initiatives such as the implementation of sectoral reform policies relating to the areas of cooperation identified in Parts Two and Three of this Decision;
(c)
the awareness and knowledge of the OCTs on the impacts of regional integration processes in different areas;
(d)
OCTs participation in the development of regional markets within the context of regional integration organisations;
(e)
cross-border investment between OCTs and their neighbours.

Participation in European Groupings of Territorial Cooperation
Article 8
In the application of Article 7(1) to (3) of this Decision, the cooperation initiatives or other forms of cooperation shall also mean that governmental authorities, regional and sub-regional organisations, local authorities and, where appropriate, other public and private bodies or institutions (including public service providers) from an OCTs may participate in a European Grouping of Territorial Cooperation (EGTC) subject to the rules and objectives of the cooperation activities of this Decision and those of Regulation (EC) No 1082/2006 and in accordance with the arrangements applicable to the Member State to which the OCTs is linked.

Specific treatment
Article 9
1. The association shall take into account the diversity of the OCTs in terms of economic development and capacity to fully benefit from regional cooperation and regional integration referred to in Article 7.
2. A specific treatment shall be established for isolated OCTs.
3. In order to enable isolated OCTs to overcome structural and other obstacles to their development, this specific treatment shall take account of their specific difficulties, inter alia, when determining the volume of financial assistance and the conditions attached thereto.
4. The OCTs which shall be considered to be isolated are listed in Annex I.

General approach
Article 10
1. The association shall be based on a broad dialogue and consultations on issues of mutual interest between the OCTs, the Member States to which they are linked and the Commission, and, if appropriate, the European Investment Bank (EIB).
2. The OCTs shall organise, where appropriate, a dialogue and consultations with authorities and bodies such as:
(a)
the competent local and other public authorities;
(b)
the economic and social partners;
(c)
any other appropriate body representing civil society, environmental partners, non-governmental organisations, and bodies responsible for promoting of equality between men and women.

Actors of cooperation
Article 11
1. Actors of cooperation in the OCTs shall include:
(a)
the OCTs’ governmental authorities;
(b)
the local authorities within the OCTs;
(c)
public service providers and civil society organisations, such as social, business, employers’ and trade union associations, and local, national or international non-governmental organisations;
(d)
regional and sub-regional organisations.
2. The Member States to which the OCTs are linked shall inform the Commission within three months of the entry into force of this Decision of the governmental and local authorities referred to in points (a) and (b) of paragraph 1.

Responsibilities of the non-governmental actors
Article 12
1. Non-governmental actors may play a role in the exchange of information and consultations concerning the cooperation, and in particular for the preparation and implementation of cooperation assistance, projects or programmes. They may receive a delegation of financial management powers for implementing such projects or programmes for the purpose of supporting local development initiatives.
2. Non-governmental actors eligible for decentralised management of projects or programmes shall be identified by agreement between the OCTs authorities, the Commission and the Member State to which the OCTs is linked, taking into account the subject concerned, their expertise and field of activity. The process of identification shall be conducted in each OCTs as part of the broad dialogue and consultations referred to in Article 10.
3. The association aims at contributing to the efforts of the OCTs to strengthen civil society organisations, concerning in particular their creation and development, and the development of the arrangements necessary for opening their involvement in the design, implementation and evaluation of development strategies and programmes.

Guiding principles for dialogue
Article 13
1. The Union, the OCTs and the Member States to which they are linked, shall regularly engage in a comprehensive and political dialogue.
2. The dialogue shall be conducted in full compliance with the respective institutional, legal and financial powers of the Union, of the OCTs and of the Member States to which they are linked. The dialogue shall be conducted in a flexible manner: it may be formal or informal, at an appropriate level or format, and conducted within the framework referred to in Article 14.
3. The dialogue shall enable the OCTs to take a full part in the implementation of the association.
4. The dialogue shall focus, inter alia, on specific political issues of mutual concern or of general significance for the attainment of the objectives of the association.

Instances of the association
Article 14
1. The association shall establish the following instances of dialogue:
(a)
an OCTs-EU forum for dialogue (the ‘OCTs-EU Forum’), shall meet annually to bring together OCTs authorities, representatives of the Member States and the Commission. Members of the European Parliament, representatives of the EIB, and representatives of the outermost regions shall, where appropriate, be associated with the OCTs-EU Forum;
(b)
on a regular basis, the Commission, the OCTs and the Member States to which they are linked shall hold trilateral consultations. These consultations shall be organised at least four times a year on the initiative of the Commission or at the request of the OCTs and of the Member States to which they are linked;
(c)
in agreement between the OCTs, the Member States to which they are linked and the Commission, working parties, acting in an advisory capacity, shall be set up to follow the implementation of the association, in a form appropriate to the issues to be addressed. These working parties may be convened at the request of the Commission, of a Member State or of an OCTs. They shall provide for technical discussions on matters which are of specific concern to the OCTs and the Member States to which they are linked, complementing the work that is being done in the OCTs-EU Forum and/or in the trilateral consultations.
2. The Commission shall chair the OCTs-EU Forum, the trilateral consultations and the working parties and shall provide their secretariat.

General objectives and principles
Article 15
In the context of the association, cooperation in the field of environment, climate change and disaster risk reduction may concern:
(a)
support to the OCTs efforts to define and implement policies, strategies, action plans and measures;
(b)
support to OCTs’ efforts to integrate in regional networks and initiatives;
(c)
the promotion of sustainable resource use and resource efficiency, and encouragement to the decoupling of economic growth from environmental degradation; and
(d)
support to OCTs efforts to act as regional hubs and centres of excellence.

Sustainable management and conservation of biodiversity and ecosystem services
Article 16
In the context of the association, cooperation in the field of sustainable management and conservation of biodiversity and ecosystem services may concern:
(a)
the promotion of the establishment and effective management of marine and terrestrial protected areas and improved management of existing protected areas;
(b)
the encouragement of sustainable management of marine and terrestrial resources, which contribute to protecting species, habitats and ecosystem functions outside protected areas, in particular, endangered, vulnerable and rare species;
(c)
the strengthening of conservation and sustainable use of marine and terrestrial biodiversity and ecosystems by:
(i)
addressing the wider ecosystem challenge of climate change by maintaining healthy, resilient ecosystems and fostering green infrastructure and ecosystem- based approaches to climate change adaptation and mitigation which often bring multiple benefits;
(ii)
strengthening capacities at a local, regional and/or international scale, by promoting exchange of information, knowledge and best practice amongst all stakeholders including public authorities, landowners, private sector, researchers and civil society;
(iii)
strengthening existing nature conservation programmes and related efforts within and outside conservation areas;
(iv)
broadening the knowledge base and filling the knowledge gaps, including quantifying the value of ecosystem functions and services;
(d)
the encouragement and facilitation of regional cooperation in order to address issues such as invasive alien species or the impacts of climate change;
(e)
the development of mechanisms to lever resources including payments for ecosystem services.

Sustainable forest management
Article 17
In the context of the association, cooperation in the field of sustainable forest management may concern the promotion of the conservation and sustainable management of forests, including their role in the conservation of the environment from erosion and desertification control, afforestation and management of timber exports.

Integrated coastal zone management
Article 18
In the context of the association, cooperation in the field of integrated coastal zone management may concern:
(a)
the support to the efforts of the OCTs towards an effective sustainable management of marine and coastal zones in defining strategic and integrated approaches to marine and coastal zone planning and management;
(b)
conciliation of economic and social activities such as fisheries and aquaculture, tourism, maritime transports and agriculture with the potential of marine and coastal zones in terms of renewable energy, raw materials, whilst taking into account impacts of climate change and human activities.

Maritime Affairs
Article 19
In the context of the association, cooperation in the field of maritime affairs may concern:
(a)
the strengthening of the dialogue on issues of common interest in that field;
(b)
the promotion of marine knowledge and biotechnology, ocean energy, maritime surveillance, coastal zone management and an ecosystem based management;
(c)
the promotion of integrated approaches at international level.

Sustainable management of fish stocks
Article 20
1. In the context of the association, cooperation in the field of sustainable management of fish stocks shall be based on the following principles:
(a)
commitment to responsible fisheries management and fishing practices;
(b)
refraining from measures or activities that are inconsistent with the principles of sustainable exploitation of fisheries resources;
(c)
without prejudice to existing or future bilateral fisheries partnership agreements between the Union and the OCTs, the Union and the OCTs shall aim to regularly consult each other on the conservation and management of the living marine resources and to exchange information on the ongoing state of resources within the context of the relevant instances of the association provided for in Article 14.
2. Cooperation in the field referred to in paragraph 1 may concern:
(a)
the active promotion of good governance, best practices and responsible fisheries management in the conservation and sustainable management of fish stocks, including fish stocks of common interest and those managed by regional fisheries management organisations;
(b)
dialogue and cooperation regarding the conservation of fish stocks including measures to fight illegal, unreported and unregulated fishing and effectively cooperating with and within regional fisheries management organisations. Dialogue and cooperation shall include control and inspection schemes, incentives and obligations for a more effective management of fisheries and coastal environments in the long term.

Sustainable water management
Article 21
1. In the context of the association, the Union and the OCTs may cooperate in the area of sustainable water management through water policy and institution building, protecting water resources, water supplies in rural and urban areas for domestic, industrial or agricultural purposes, storage, distribution and management of water resources and waste water management.
2. In the field of water supply and sanitation sector, particular attention shall be given to access in under-served areas to drinking water supply and sanitation services and those particularly exposed to natural disasters, which contribute directly to human resources development by improving the state of health and increasing productivity.
3. Cooperation in these areas shall be guided by the principle that the continuing need to extend the provision of basic services in water and sanitation to both urban and rural populations must be addressed in environmentally sustainable ways.

Waste management
Article 22
In the context of the association, cooperation in the field of waste management may concern the promotion of the use of the best environmental practice in all operations related to waste management, including the reduction of waste, recycling or other processes of recovery, e.g. energy recovery and waste disposal.

Energy
Article 23
In the context of the association, cooperation in the field of sustainable energy may concern:
(a)
energy production, distribution and access, in particular, the development, promotion, use and storage of sustainable energy from renewable energy sources;
(b)
energy policies and regulations, in particular the formulation of policies and adoption of regulations guaranteeing affordable and sustainable energy tariffs;
(c)
energy efficiency, in particular the development and introduction of energy efficiency standards and implementation of energy efficiency measures in different sectors (industrial, commercial, public and households), as well as accompanying educational and awareness activities;
(d)
transport, in particular the development, promotion and use of more environmental-friendly public and private transport means such as hybrid, electric or hydrogen vehicles, carpooling and cycling schemes;
(e)
town planning and construction, in particular the promotion and introduction of high environment quality standards and high energy performance in urban planning and construction; and
(f)
tourism, in particular the promotion of energy self-sufficient (renewable energy based) and/or green tourism infrastructures.

Climate change
Article 24
In the context of the association, cooperation in the field of climate change shall aim to support the initiatives of the OCTs concerning climate change mitigation and adaptation to the adverse effects of climate change, and may cover:
(a)
the development of evidence; identification of key risks and territorial, regional and/or international actions, plans, or measures in view of adapting to climate change or mitigating its adverse effects;
(b)
the integration of adaptation to climate change and its mitigation in public policies and strategies;
(c)
the elaboration and identification of statistical data and indicators, essential tools for policy making and implementation; and
(d)
the promotion of the participation of the OCTs in regional and international dialogue in order to foster cooperation, including exchange of knowledge and experience.

Disaster risk reduction
Article 25
In the context of the association, cooperation in the field of disaster risk reduction may concern:
(a)
the development or perfection of systems, including infrastructures, for disaster prevention and preparedness, including prediction and early-warning systems, with a view to reducing the consequences of disasters;
(b)
the development of detailed knowledge of the exposure to the disasters and the current response capacities in the OCTs and in the regions where they are located;
(c)
the strengthening of existing measures of disaster prevention and preparation at local, national and regional levels;
(d)
the improvement of response capacities of the actors concerned, to render them more coordinated, effective and efficient;
(e)
the improvement of awareness-raising and information to the population regarding the exposure to risks, prevention, preparation and the response in the event of disaster, with due attention to the specific needs of persons with disabilities;
(f)
the strengthening of collaboration between key actors involved in civil protection; and
(g)
the promotion of the participation of the OCTs in regional, European and/or international instances in order to allow a more regular exchange of information and a closer cooperation among the different partners in the event of disaster.

General objectives
Article 26
1. In the context of the association, cooperation in the field of accessibility shall aim to:
(a)
ensure greater access of OCTs to global transport networks; and
(b)
ensure greater access of OCTs to information and communication technologies and services.
2. Cooperation in the context referred to in paragraph 1 may encompass:
(a)
policy and institution building;
(b)
transport by road, rail, air, sea or inland waterway; and
(c)
storage facilities in sea- and airports.

Maritime transport
Article 27
1. In the context of the association, cooperation in the field of maritime transport shall aim to the development and promotion of cost-effective and efficient maritime transport services in the OCTs and may concern:
(a)
the promotion of efficient shipments of cargo at economically and commercially viable rates;
(b)
the facilitation of greater OCTs participation in international shipping services;
(c)
the encouragement of regional programmes;
(d)
the support to local private sector involvement in shipping activities; and
(e)
the development of infrastructure.
2. The Union and the OCTs shall promote shipping safety, security of crews and the prevention of pollution.

Air transport
Article 28
In the context of the association, cooperation in the field of air transport may concern:
(a)
the reform and modernisation of the OCTs air transport industries;
(b)
the promotion of the commercial viability and competitiveness of the OCTs’ air transport industries;
(c)
the facilitation of private sector investment and participation; and
(d)
the promotion of exchange of knowledge and good business practice.

Air transport safety
Article 29
In the context of the association, cooperation in the field of air transport safety shall aim to support the OCTs in their efforts to comply with the relevant international standards and may cover inter alia:
(a)
the implementation of air navigation safety systems;
(b)
the implementation of airport security and strengthening of the capacity of civil aviation authorities to manage all aspects of operational security placed under their control; and
(c)
the development of infrastructures and human resources.

Information and communication technologies services
Article 30
In the context of the association, cooperation in the field of information and communication technology (ICT) services shall aim to spur, in the OCTs, innovation, economic growth and improvements in daily life for both citizens and businesses, including the promotion of accessibility for persons with disabilities. Cooperation shall, in particular, be directed at enhancing OCTs’ regulatory capacity and may support the expansion of ICT networks and services through the following measures:
(a)
creation of a predictable regulatory environment that keeps pace with technological developments, stimulates growth and innovation and fosters competition and consumer protection;
(b)
dialogue on the various policy aspects regarding the promotion and monitoring of the information society;
(c)
exchange of information on standards and interoperability issues;
(d)
promotion of cooperation in the field of ICT research and in the field of ICT-based research infrastructures;
(e)
development of services and applications in domains of high societal impact.

Cooperation in research and innovation
Article 31
In the context of the association, cooperation in the field of research and innovation may cover science, technology, including information and communication technologies, with the aim of contributing to the OCTs’ sustainable development and to promoting the OCTs’s role as regional hubs and centres of excellence as well as their industrial competitiveness. In particular, cooperation may concern:
(a)
dialogue, coordination and creation of synergies between OCTs and Union policies and initiatives with regard to science, technology and innovation;
(b)
policy and institutional building within OCTs and concerted actions at local, national or regional level, with a view to developing science, technology and innovation activities and their application;
(c)
cooperation between legal entities from the OCTs, the Union, the Member States and the third countries;
(d)
participation of individual OCTs researchers, research bodies and legal entities from OCTs in the framework for cooperation related to research and innovation programmes within the Union and the Programme for the Competitiveness of Enterprises and small and medium – size enterprises (COSME); and
(e)
training and international mobility of OCTs researchers and exchange.

Youth
Article 32
1. The Union shall ensure that natural persons from OCTs, as defined in Article 50, can participate in initiatives of the Union concerning youth on the same basis as nationals of Member States.
2. The association aims at strengthening the ties between young people living in the OCTs and the Union, among others by promoting learning mobility of OCTs youth and by fostering mutual understanding between young people.

Education and training
Article 33
1. In the context of the association, cooperation in the field of education and training may cover:
(a)
the provision of high quality, inclusive education at primary, secondary and higher education level and in the area of vocational education and training; and
(b)
the support to the OCTs in defining and implementing education and vocational training policies.
2. The Union shall ensure that natural persons from the OCTs, as defined in Article 50, can participate in education and vocational training initiatives of the Union on the same basis as nationals of Member States.
3. The Union shall ensure that educational bodies and institutes from OCTs can take part in education related cooperation initiatives of the Union on the same basis as the educational and vocational training bodies and institutes of the Member States.

Employment and social policy
Article 34
1. The Union and the OCTs shall maintain dialogue in the area of employment and social policy in order to contribute to the economic and social development of the OCTs and the promotion of decent work in the OCTs and regions where they are located. Such a dialogue shall also aim at supporting the efforts of the OCTs’ authorities to develop policies and legislation in this area.
2. The dialogue shall mainly consist of exchange of information and best practices relating to policies and legislation in the area of employment and social policy that are of mutual interest to the Union and the OCTs. In this regard, areas such as skills development, social protection, social dialogue, equal opportunities, non-discrimination and accessibility for persons with disabilities, health and safety at work and other labour standards shall be taken into consideration.

Public health
Article 35
In the context of the association, cooperation in the field of public health shall aim to strengthen the OCTs’ capacity for surveillance, early detection and response to outbreaks of communicable diseases through measures including:
(a)
actions to strengthen preparedness and response capacity against cross-border health threats such as infectious diseases which should be built on existing structures and should target unusual events;
(b)
capacity building through strengthening public health networks at regional level, facilitating exchange of information among experts and promoting adequate training;
(c)
development of tools and communication platforms as well as e-learning programs adapted to OCTs’ particular needs.

Cultural exchanges and dialogue
Article 36
1. In the context of the association, cooperation in the field of cultural exchanges and dialogue may concern:
(a)
the self-reliant development of the OCTs, this being a process centred on people themselves and rooted in each people’s culture;
(b)
the support to the policies and measures adopted by the competent authorities of OCTs to enhance their human resources, increase their own creative capacities and promote their cultural identities;
(c)
the participation by the population in the process of development;
(d)
the development of a common understanding and enhanced exchange of information on cultural and audiovisual matters through dialogue.
2. Through their cooperation the Union and the OCTs shall seek to stimulate cultural exchanges between each other through:
(a)
cooperation between the cultural and creative sectors of all partners;
(b)
promotion of the circulation of cultural and creative works and operators between them;
(c)
policy cooperation in order to foster policy development, innovation, audience building and new business models.

Audiovisual cooperation
Article 37
1. In the context of the association, cooperation in the audiovisual field aims at promoting each other’s audiovisual productions and may cover the following actions:
(a)
cooperation and exchange between the respective broadcasting industries;
(b)
encouraging exchange of audiovisual works;
(c)
exchange of information and views on audiovisual and broadcasting policy and regulatory framework between competent authorities;
(d)
encouraging visits to and participation in international events held in each other’s territory as well as in third countries.
2. Co-produced audiovisual works shall be entitled to benefit from any scheme for the promotion of local or regional cultural content set up in the Union, the OCTs and the Member States to which they are linked.

Performing arts
Article 38
In the context of the association, cooperation in the field of performing arts may concern:
(a)
the facilitation of increased contacts between practitioners of performing arts in areas such as professional exchanges and training including participation in auditions, development of networks and promotion of networking;
(b)
the encouragement of joint productions between producers of one or several Member States of the Union and one or several OCTs; and
(c)
the encouragement of the development of international theatre technology standards and the use of theatre stage signs, including through appropriate standardisation bodies.

Protection of cultural heritage and historic monuments
Article 39
In the context of the association, cooperation in the field of tangible and intangible cultural heritage and historic monuments aims at allowing the promotion of exchanges of expertise and best practices through:
(a)
the facilitation of exchanges of experts;
(b)
the collaboration on professional training;
(c)
the awareness of the local public; and
(d)
the counselling on the protection of the historic monuments and protected spaces and on the legislation and implementation of measures related to heritage, in particular its integration into local life.

Fight against organised crime, trafficking in human beings, child sexual abuse and sexual exploitation, terrorism and corruption
Article 40
1. In the context of the association, cooperation in the field of organised crime may include:
(a)
the development of innovative and effective means of police and judicial cooperation, including cooperation with other stakeholders such as civil society, in the prevention of and fight against organised crime, trafficking in human beings, child sexual abuse and sexual exploitation, terrorism and corruption; and
(b)
support in order to increase the efficiency of OCTs’ policies to prevent and fight against organised crime, trafficking in human beings, child sexual abuse and sexual exploitation, terrorism and corruption, as well as the production, distribution and trafficking of all kinds of narcotic drugs and psychotropic substances, preventing and reducing drug use and drug-related harms, taking into account work carried out in these areas by international bodies, through inter alia:
(i)
training and capacity building in preventing and fighting organised crime, including trafficking in human beings, child sexual abuse and sexual exploitation, terrorism and corruption;
(ii)
prevention including training, education and health promotion, treatment and rehabilitation of dependent drug users, including projects for the reintegration of dependent drug users into work and social environments;
(iii)
development of effective enforcement measures;
(iv)
technical, financial and administrative assistance on the development of effective policies and legislation on trafficking in human beings, in particular awareness raising campaigns, referral mechanisms and victim protection systems, involving all relevant stakeholders and civil society;
(v)
technical, financial and administrative assistance relating to the prevention, treatment and reduction of harms related to drug use;
(vi)
technical assistance to support the development of legislation and of policy against child sexual abuse and sexual exploitation; and
(vii)
technical assistance and training to support capacity building and encourage compliance with international anti-corruption standards notably those set out in the UN Convention against Corruption.
2. In the context of the association, the OCTs shall cooperate with the Union as regards combatting money laundering and the financing of terrorism in accordance with Articles 70 and 71.

Tourism
Article 41
In the context of the Association, cooperation in the field of tourism may include:
(a)
measures aiming at defining, adapting and developing sustainable tourism policies;
(b)
measures and operations to develop and support sustainable tourism;
(c)
measures aiming at integrating sustainable tourism into the social, cultural and economic life of OCTs citizens.

General objectives
Article 42
The general objectives of the trade and trade-related cooperation between the Union and the OCTs are to:
(a)
promote the economic and social development of the OCTs by establishing close economic relations between them and the Union as a whole;
(b)
stimulate the OCTs’ effective integration in the regional and world economies and the development of trade in goods and services;
(c)
support OCTs in creating a favourable investment climate to support social and economic development of OCTs;
(d)
promote the stability, integrity and transparency of the global financial system, and good governance in the tax area;
(e)
support the process of diversification of OCTs economies;
(f)
support OCTs capacities to formulate and implement policies necessary for the development of their trade in goods and services;
(g)
support the OCTs’ export and trading capacities;
(h)
support OCTs’ efforts to align or converge their local legislation with Union legislation, where relevant;
(i)
provide possibilities for targeted cooperation and dialogue with the Union on trade and trade-related areas.

Free access for originating goods
Article 43
1. Products originating in the OCTs shall be imported into the Union free of import duty.
2. The definition of originating products and the methods of administrative cooperation relating thereto are laid down in Annex VI.

Quantitative restrictions and measures having equivalent effect
Article 44
1. The Union shall not apply to imports of products originating in the OCTs any quantitative restrictions or measures having equivalent effect.
2. Paragraph 1 shall not preclude prohibitions or restrictions on imports, exports or goods in transit justified on grounds of public morality or public policy, the protection of health and life of humans, animals and plants, the protection of national treasures possessing artistic, historic or archaeological value, the conservation of exhaustible natural resources or the protection of industrial and commercial property.
Prohibitions or restrictions referred to in the first subparagraph shall in no case constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction of trade generally.

Measures adopted by the OCTs
Article 45
1. The authorities of the OCTs may retain or introduce, in respect of imports of products originating in the Union, such customs duties or quantitative restrictions as they consider necessary in view of their respective development needs.
2. For the fields covered by this chapter, the OCTs shall grant to the Union a treatment no less favourable than the most favourable treatment applicable to any major trading economy as defined in paragraph 4.
3. Paragraph 2 shall not preclude an OCTs from granting certain other OCTs or other developing countries more favourable treatment than that accorded to the Union.
4. For the purposes of this Title, a ‘major trading economy’ means any developed country, or any country accounting for a share of world merchandise exports above one per cent, or, without prejudice to paragraph 3, any group of countries acting individually, collectively or through an economic integration agreement accounting collectively for a share of world merchandise exports above 1,5 %. For this calculation the latest available official data by the WTO on leading exporters in world merchandise trade (excluding intra-Union trade) shall be used.
5. The authorities of the OCTs shall communicate to the Commission by 2 April 2014, the customs tariffs and lists of quantitative restrictions which they apply in compliance with this Decision.
The authorities of the OCTs shall also communicate to the Commission any subsequent amendments to such measures as and when they are adopted.

Non-discrimination
Article 46
1. The Union shall not discriminate between OCTs and the OCTs shall not discriminate between Member States.
2. In compliance with Article 65, the implementation of the specific provisions in this Decision and in particular its Articles 44(2), 45 and 48, 49, 51 and 59(3) shall not be deemed to constitute a discrimination.

Conditions for movements of waste
Article 47
1. Movements of waste between the Member States and the OCTs shall be controlled in accordance with international and Union law. The Union shall support the establishment and development of effective international cooperation in this area with a view to protecting the environment and public health.
2. The Union shall prohibit all direct or indirect export of waste to the OCTs, with the exception of exports of non-hazardous waste destined for recovery operations while at the same time the OCTs authorities shall prohibit the direct or indirect import into their territory of such waste from the Union or any third country, without prejudice to specific international undertakings concerning these areas that have been made, or may be made in future, in the competent international fora.
3. As regards those OCTs, which, due to their constitutional status, are not Party to the Basel Convention, their relevant authorities shall expedite adoption of the necessary internal legislation and administrative regulations to implement the provisions of the Basel Convention in those OCTs.
4. In addition, the Member States to which OCTs are linked shall promote the adoption by the OCTs of the necessary internal legislation and administrative regulations to implement the following acts:
(a)
Regulation (EC) No 1013/2006 of the European Parliament and of the Council(4), as follows:
—
Article 40 as regards exports of waste to overseas countries or territories;
—
Article 46 as regards imports of waste from overseas countries or territories;
(b)
Commission Regulation (EC) No 1418/2007(5); and
(c)
Directive 2000/59/EC of the European Parliament and of the Council(6)subject to the time limits for transposition laid down in Article 16 thereof.
5. One or more OCTs and the Member States to which they are linked may apply their own procedures to export of waste from the OCTs to that Member State.
6. In this case, the Member State to which the OCTs is linked shall notify to the Commission the applicable legislation by 2 July 2014, as well as any future relevant national legislation, and any subsequent amendments to such legislation.

Temporary withdrawal of preferences
Article 48
Where the Commission considers that there are sufficient grounds to question whether this Decision is being correctly implemented, the Commission shall enter into consultations with the OCTs and the Member State with which the OCTs has special relations, in order to ensure the proper implementation of this Decision. In case the consultations do not lead to a mutually acceptable way of implementing this Decision, the Union may temporarily withdraw preferences from the OCTs concerned in accordance with Annex VII.

Safeguard and surveillance measures
Article 49
In order to ensure the proper implementation of this Decision, the Union may take safeguard and surveillance measures set out in Annex VIII.

Definitions
Article 50
For the purposes of this Chapter:
(a)
‘natural person from an OCTs’ means a person ordinarily resident in an OCTs who is a national of a Member State or who enjoys a legal status specific to an OCTs. This definition is without prejudice to the rights conferred by citizenship of the Union within the meaning of the TFEU;
(b)
‘legal person of an OCTs’ means a legal person of the OCTs set up in accordance with the laws applicable in a given OCTs, and having its registered office, its central administration, or its principal place of business in the territory in this OCTs; should the legal person have only its registered office or central administration in the OCTs, it shall not be considered as a legal person of the OCTs, unless it engages in an activity which has a real and continuous link with the economy of that country or territory;
(c)
the respective definitions laid down in the economic integration agreements referred to in Article 51(1) shall apply to the treatment accorded between the Union and the OCTs.

Most favourable treatment
Article 51
1. With respect to any measures affecting trade in services and establishment in economic activities:
(a)
the Union shall accord to natural and legal persons of the OCTs a treatment no less favourable than the most favourable treatment applicable to like natural and legal persons of any third country with whom the Union concludes or has concluded an economic integration agreement;
(b)
an OCTs shall accord to the natural and legal persons of the Union a treatment no less favourable than the most favourable treatment applicable to like natural and legal persons of any major trading economy with whom it has concluded an economic integration agreement after 1 January 2014.
2. The obligations provided for in paragraph 1 of this Article shall not apply to treatment granted:
(a)
in the framework of an internal market requiring the parties thereto to significantly approximate their legislation with a view to removing non-discriminatory obstacles to establishment and to trade in services;
(b)
under measures providing for recognition of qualifications, licences or prudential measures in accordance with Article VII of the General Agreement on Trade in Services (GATS) or the GATS Annex on Financial Services. This is without prejudice to OCTs specific measures under this Article;
(c)
under any international agreement or arrangement relating wholly or mainly to taxation;
(d)
under measures benefiting from the coverage of a most-favoured nation exemption listed in accordance with Article II.2 of the GATS.
3. The authorities of an OCTs may with a view to promoting or supporting local employment, adopt regulations to aid their natural persons and local activities. In this event, the OCTs authorities shall notify the Commission of the regulations they adopt so that it may inform the Member States thereof.

Professional qualifications
Article 52
With regard to the professions of doctor, dentist, midwife, general nurse, pharmacist and veterinary surgeon, the Council shall adopt in accordance with Article 203 TFEU the list of professional qualifications specific to the OCTs which are to be recognised in the Member States.

General approach
Article 53
Trade and trade-related cooperation under the association aims at contributing to sustainable development in its economic, social and environmental dimensions. In this context, the domestic environmental or labour laws and regulations of OCTs shall not be lowered in order to encourage trade or investment.

Environmental and climate change standards in trade
Article 54
1. Trade and trade-related cooperation under the association aims at enhancing the mutual supportiveness between trade and environmental policies and obligations. Trade and trade-related cooperation under the association shall take into account the principles of international environmental governance and multilateral environmental agreements.
2. The ultimate objective of the United Nations Framework Convention on Climate Change (UNFCCC) and its Kyoto Protocol shall be pursued. Cooperation shall be based on the development of the future legally binding international climate change agreement involving mitigation commitments by all parties in accordance with the implementation of decisions emanating from the Conferences of the Parties of the UNFCCC.
3. Measures to implement multilateral environmental agreements shall not be applied in a manner that would constitute a means of arbitrary or unjustifiable discrimination between the partners or a disguised restriction of trade.

Labour standards in trade
Article 55
1. The association aims at promoting trade in such a way that it is conducive to full and productive employment and decent work for all.
2. The internationally recognised core labour standards, as defined by the relevant International Labour Organisation Conventions, shall be respected and implemented in law and practice. Such labour standards include in particular respect for freedom of association, right to collective bargaining, abolition of all forms of forced or compulsory labour, elimination of the worst forms of child labour, the minimum age for admission to employment and non-discrimination in respect to employment.
3. The violation of core labour standards cannot be invoked or otherwise used as a legitimate comparative advantage. Those standards shall not be used for protectionist purposes.

Sustainable trade in fisheries products
Article 56
With a view to promoting the sustainable management of fish stocks, the association may include cooperation regarding the combat of illegal, unreported and unregulated fishing and related trade. Cooperation in this field aims at:
(a)
promoting the implementation of measures to combat illegal, unreported and unregulated fishing and related trade in OCTs;
(b)
facilitating cooperation between OCTs and regional fisheries management organisations, in particular with respect to the development and effective implementation of control and inspection schemes, incentives and measures for effective long term management of fisheries and marine ecosystems.

Sustainable timber trade
Article 57
In the context of the association, cooperation in the field of timber trade aims at promoting trade in legally harvested timber. Such cooperation may include dialogue on regulatory measures as well as exchange of information on market-based or voluntary measures such as forest certification or green procurement policies.

Sustainable development in trade
Article 58
1. In the context of the association, cooperation in the of field sustainable development may be pursued by:
(a)
facilitating and promoting trade and investment in environmental goods and services including through the elaboration and implementation of local legislation, as well as in those goods that contribute to the improvement of social conditions in OCTs;
(b)
facilitating the removal of obstacles to trade or investment regarding goods and services of particular relevance for climate change mitigation, such as sustainable renewable energy and energy efficient products and services, including through the adoption of policy frameworks conducive to the deployment of best available technologies and through the promotion of standards that respond to environmental and economic needs and minimise technical obstacles to trade;
(c)
promoting trade in goods that contribute to social conditions and environmentally sound practices, including goods that are the subject of voluntary sustainability assurance schemes such as fair and ethical trade schemes, eco-labels, and certification schemes for natural resource -based products;
(d)
promoting internationally recognised principles and guidelines in the area of corporate social responsibility, and encourage companies operating in the territory of OCTs to implement them;
(e)
exchanging information and best practices in the area of corporate social responsibility.
2. In the design and implementation of measures aimed at protecting the environment or labour conditions that may affect trade or investment, the Union and the OCTs shall take account of available scientific and technical information, and relevant international standards, guidelines or recommendations, including the precautionary principle.
3. The Union and the OCTs shall apply full transparency to develop, introduce and implement any measures aimed at protecting the environment and labour conditions affecting trade or investment.

Current payments and capital movements
Article 59
1. No restrictions shall be imposed on any payments in freely convertible currency on the current account of balance of payments between residents of the Union and of the OCTs.
2. With regard to transactions on the capital account of balance of payments, the Member States and the OCTs authorities shall impose no restrictions on the free movement of capital for direct investments in companies formed in accordance with the laws of the host Member State, country or territory and shall ensure that the assets formed by such investment and any profit stemming therefrom can be realised and repatriated.
3. The Union and the OCTs shall be entitled to take the measures referred to in Articles 64, 65, 66, 75 and 215 TFEU in accordance with the conditions laid down thereinmutatis mutandis.
4. The OCTs authorities, the Member State concerned or the Union shall inform one another immediately of any such measures and submit a timetable for their elimination as soon as possible.

Competition policies
Article 60
The elimination of distortions to competition, with due consideration to the different levels of development and economic needs of the OCTs, shall involve the implementation of local, national or regional rules and policies including the control and, under certain conditions, the prohibition of agreements between undertakings, of decisions by associations of undertakings and of concerted practices between undertakings which have as their object or effect the prevention, restriction or distortion of competition. Such prohibition also relates to the abuse by one or more undertakings of a dominant position in the territory of the Union or of the OCTs.

Protection of intellectual property rights
Article 61
1. An adequate and effective level of protection of intellectual property rights, including means for enforcing such rights, shall be ensured in line with the highest international standards, where appropriate, with a view to reducing distortions and impediments to bilateral trade.
2. In the context of the association, cooperation in this field may concern the preparation of laws and regulations for the protection and enforcement of intellectual property rights, the prevention of the abuse of such rights by right holders and of the infringement of such rights by competitors and support for regional intellectual property organisations involved in enforcement and protection, including the training of personnel.

Technical barriers to trade
Article 62
The association may include cooperation in the fields of technical regulation for goods, standardisation, conformity assessment, accreditation, market surveillance and quality assurance with a view to removing unnecessary technical barriers to trade between the Union and the OCTs and to reduce differences in those areas.

Consumer policy, consumer health protection and trade
Article 63
In the context of the association, cooperation in the field of consumer policy, consumer health protection and trade may include the preparation of laws and regulations in the area of consumer policy and consumer health protection, with a view to avoiding unnecessary barriers to trade.

Sanitary and phyto-sanitary measures
Article 64
In the context of the association, cooperation in the field of sanitary and phyto-sanitary measures aims at:
(a)
facilitating trade between the Union and the OCTs as a whole and between OCTs and third countries, whilst safeguarding human, animal and plant health or life in accordance with the WTO Agreement on the Application of Sanitary and Phytosanitary Measures (the ‘WTO SPS Agreement’);
(b)
addressing problems arising from sanitary and phyto-sanitary measures;
(c)
ensuring transparency as regards sanitary and phyto-sanitary measures applicable to trade between the Union and the OCTs;
(d)
promoting the harmonisation of measures with international standards, in accordance with the WTO SPS Agreement;
(e)
supporting the effective participation of OCTs in organisations that set international sanitary and phyto-sanitary standards;
(f)
promoting consultation and exchanges between OCTs and European institutes and laboratories;
(g)
establishing and enhancing OCTs technical capacity to implement and monitor sanitary and phyto-sanitary measures;
(h)
promoting technology transfer in the area of sanitary and phyto-sanitary measures.

Prohibition of protectionist measures
Article 65
The provisions of Chapters 1 and 2 shall not be used as a means of arbitrary discrimination or a disguised restriction on trade.

Tax carve out
Article 66
1. Without prejudice to the provisions of Article 67, the most favoured- nation treatment granted in accordance with this Decision shall not apply to tax advantages which the Member States or OCTs authorities are providing or may provide in the future on the basis of agreements to avoid double taxation or other tax arrangements, or domestic tax legislation in force.
2. Nothing in this Decision may be construed so as to prevent the adoption or enforcement of any measure aimed at preventing tax fraud or avoidance or evasion of taxes pursuant to the tax provisions of agreements to avoid double taxation or other tax arrangements, or domestic tax legislation in force.
3. Nothing in this Decision shall be construed so as to prevent the respective competent authorities from distinguishing, in the application of the relevant provisions of their tax legislation, between taxpayers who are not in the same situation, in particular with regard to their place of residence, or with regard to the place where their capital is invested.

Tax and customs arrangements for Union funded contracts
Article 67
1. The OCTs shall apply to contracts funded by the Union tax and customs arrangements no less favourable than those applied by them to the Member State to which the OCTs is linked or to the states to which the most-favoured nation treatment is granted, or to international development organisations with which they have relations, whichever treatment is the most favourable.
2. Without prejudice to paragraph 1, the following arrangements shall apply to contracts financed by the Union:
(a)
the contract shall not be subject in the beneficiary OCTs to stamp or registration duties or to fiscal charges having equivalent effect, whether such charges already exist or are to be instituted in the future; however, such contracts shall be registered in accordance with the laws in force in the OCTs and a fee corresponding to the service rendered may be charged for it;
(b)
profits and/or income arising from the performance of contracts shall be taxable according to the internal fiscal arrangements of the beneficiary OCTs, provided that the natural persons or legal persons who realise such profit and/or income have a permanent place of business in that OCTs, or that the performance of the contract takes longer than six months;
(c)
enterprises which must import equipment in order to carry out works contracts shall, if they so request, benefit from the system of temporary admission as laid down by the legislation of the beneficiary OCTs in respect of that equipment;
(d)
professional equipment necessary for carrying out tasks defined in a service contract shall be temporarily admitted into the beneficiary OCTs free of fiscal, import and customs duties and of other charges having equivalent effect where these duties and charges do not constitute remuneration for services rendered;
(e)
imports under supply contracts shall be admitted into the beneficiary OCTs without customs duties, import duties, taxes or fiscal charges having equivalent effect. The contract for supplies originating in the OCTs concerned shall be concluded on the basis of the ex-works price of the supplies, to which may be added such internal fiscal charges as may be applicable to those supplies in the OCTs;
(f)
fuels, lubricants and hydrocarbon binders and all materials used in the performance of works contracts shall be deemed to have been purchased on the local market and shall be subject to fiscal rules applicable under the legislation in force in the beneficiary OCTs;
(g)
personal and household effects imported for use by natural persons, other than those recruited locally, engaged in carrying out tasks defined in a service contract and members of their families, shall be exempt from customs or import duties, taxes and other fiscal charges having equivalent effect, within the limits of the legislation in force in the beneficiary OCTs.
3. Any contractual matter not covered by paragraphs 1 and 2 shall remain subject to the legislation of the OCTs concerned.

General approach
Article 68
With a view to ensuring that OCTs derive the maximum benefit from the provisions of this Decision and that they may participate under the best possible conditions in the Union’s internal market as well as regional, sub-regional and international markets, the association aims at contributing to the development of the OCTs’ trade capacities by:
(a)
increasing the OCTs’ competitiveness, self-reliance and economic resilience, through diversifying the range and increasing the value and volume of OCTs trade in goods and services and by strengthening the OCTs’ ability to attract private investments in various sectors of economic activity;
(b)
improving cooperation in trade in goods, services and establishment between the OCTs and neighbouring countries.

Trade dialogue, cooperation and capacity development
Article 69
In the context of the association, trade dialogue, cooperation and capacity development initiatives may include:
(a)
strengthening the OCTs’ capacities to define and implement policies necessary for the development of trade in goods and services;
(b)
encouraging the efforts of OCTs to put into place appropriate legal, regulatory and institutional frameworks as well as the necessary administrative procedures;
(c)
promoting private sector development, in particular SMEs;
(d)
facilitating market and product development, including product quality improvement;
(e)
contributing to the development of human resources and professional skills relevant to trade in goods and services;
(f)
enhancing the capacity of business intermediaries to provide OCTs enterprises services pertinent to their exporting activities, such as market intelligence;
(g)
contributing to the creation of a business climate conducive to investment.

Cooperation on international financial services
Article 70
With a view to promote the stability, integrity and transparency of the global financial system, the association may include cooperation on international financial services. Such cooperation may concern:
(a)
the provision of effective and adequate protection of investors and other consumers of financial services;
(b)
the prevention and combat of money laundering and financing of terrorism;
(c)
the promotion of cooperation between different actors of the financial system, including regulators and supervisors;
(d)
the setup of independent and effective mechanisms for supervision of financial services.

Regulatory alignment in financial services
Article 71
The Union and the OCTs shall promote regulatory convergence with recognised international standards on regulation and supervision in the area of financial services including: the Basel Committee’s ‘Core Principle for Effective Banking Supervision’, the International Association of Insurance Supervisors’ ‘Insurance Core Principles’, the International Organisation of Securities Commissions’ ‘Objectives and Principles of Securities Regulation’, the OECD’s ‘Agreement on exchange of information on tax matters’, the G20 ‘Statement on Transparency and exchange of information for tax purposes’, the Financial Stability Board’s ‘Key Attributes of Effective Resolution Regimes for Financial Institutions’ and the Financial Action Task Force’s ‘International Standards on Combating Money Laundering and the Financing of Terrorism and Proliferation — the FATF Recommendations’.
Where it is appropriate to do so, or at the request of the OCTs concerned, the Union and the OCTs may make efforts to promote greater alignment of OCTs legislation with Union Legislation on financial services.

Cooperation between regulatory and supervisory authorities
Article 72
The Union and the OCTs shall encourage the cooperation between relevant regulatory and supervisory authorities, including information exchange, sharing of expertise on financial markets and other such measures. Special attention shall be given to the development of administrative capacity of such authorities, inter alia, through personnel exchange and joint training.

Cooperation in taxation matters
Article 73
The Union and the OCTs shall promote cooperation in the tax area in order to facilitate the collection of legitimate tax revenues and to develop measures for the effective implementation of the principles of good governance in the tax area, including transparency, exchange of information and fair tax competition.

General objectives
Article 74
The Union shall contribute to the achievement of the association’s overall objectives through the provision of:
(a)
adequate financial resources and appropriate technical assistance aimed at strengthening the OCTs’ capacities to formulate and implement strategic and regulatory frameworks;
(b)
long term financing to promote private sector growth.

Definitions
Article 75
For the purposes of this Part, the following definitions shall apply:
(a)
‘programmable aid’ means the non-repayable aid under the European Development Fund allocated to the OCTs in order to finance territorial or regional strategies and priorities set out in programming documents;
(b)
‘programming’ means the process of organisation, decision-making and allocation of indicative financial resources intended to implement, on a multi-annual basis, in an area referred to in Part Two of this Decision, the action to achieve the association’s objectives for the sustainable development of the OCTs;
(c)
‘programming document’ means the document which sets out the OCTs’s strategy, priorities and arrangements and translates the objectives and targets of the OCTs for its sustainable development in an effective and efficient way to pursue the objectives of the association;
(d)
‘development plans’ referred to in Article 83 means a coherent set of operations defined and financed exclusively by the OCTs in the framework of their own policies and strategies of development, and those agreed upon between an OCTs and the Member State to which it is linked;
(e)
‘territorial allocation’ means the amount allocated to individual OCTs for the programmable aid under the European Development Fund in order to finance territorial strategies and priorities set out in programming documents;
(f)
‘regional allocation’ means the amount allocated for the programmable aid under the European Development Fund in order to finance regional cooperation strategies or thematic priorities common to several OCTs and set out in programming documents;
(g)
‘financing decision’ means the act adopted by the Commission specifying the details of the Union’s financial contribution and authorizing to grant financial aid from the European Development Fund.

Principles of finance cooperation
Article 76
1. Union financial assistance shall be based on the principles of partnership, ownership, alignment on territorial systems, complementarity and subsidiarity.
2. Operations funded within the framework of this Decision can take the form of programmable or non-programmable aid.
3. Union financial assistance shall:
(a)
be implemented with due regard to the OCTs respective geographical, social and cultural characteristics, as well as their specific potential;
(b)
ensure that resource flows are accorded on a predictable and regular basis;
(c)
be flexible and tailored to the situation in each OCTs; and
(d)
be conducted in full compliance with the respective institutional, legal and financial powers of each of the partners.
4. The authorities of the OCTs concerned shall be responsible for implementing operations without prejudice to the powers of the Commission to ensure sound financial management in the use of Union funds.

Sources of financing
Article 77
OCTs shall be eligible for the following sources of funding:
(a)
resources allocated for the OCTs under the Internal Agreement between the Member States of the Union establishing the 11th European Development Fund (EDF);
(b)
the Union programmes and instruments provided for in the Union’s general budget; and
(c)
funds managed by the EIB under the EIB’s own resources, and the resources allocated to the EDF Investment Facility, in accordance with the conditions of the Internal Agreement between the Member States of the Union establishing the 11th EDF(7)(the ‘11th EDF Internal Agreement’).

Subject-matter and scope
Article 78
Within the framework of the strategy and priorities established by the OCTs concerned at local or regional level, and without prejudice to humanitarian and emergency aid, financial support may be given to the following activities helping to achieve the objectives set out in this Decision:
(a)
sector policies and reforms as well as projects that are in coherence with them;
(b)
institutional development, capacity building and integration of environmental aspects;
(c)
technical cooperation; and
(d)
additional support in the event of fluctuations in export earnings from exports of goods and services referred in Article 82.

Humanitarian and emergency aid
Article 79
1. Humanitarian and emergency aid shall be granted in the OCTs faced with serious economic and social difficulties of an exceptional nature resulting from natural or man-made disasters or extraordinary circumstances having comparable effects. Humanitarian and emergency aid shall be maintained as long as necessary to deal with the urgent problems which arise in such situations.
Humanitarian and emergency aid shall be granted solely on the basis of the needs and interests of disaster victims.
2. The aim of humanitarian and emergency aid shall be to:
(a)
save human lives, prevent and alleviate suffering and maintain human dignity in crisis and post-crisis situations;
(b)
contribute to the financing and delivery of humanitarian aid and to the direct access to it of its intended beneficiaries by all logistical means available;
(c)
carry out short-term rehabilitation and reconstruction to enable the victims to benefit from a minimum of socioeconomic integration and, as soon as possible, create the conditions for a resumption of development on the basis of long-term objectives;
(d)
address the needs arising from the displacement of people, such as refugees, displaced persons and returnees, following natural or man-made disasters so as to meet, for as long as necessary, all the needs of refugees and displaced persons, regardless of where they are located, and facilitate action for their voluntary repatriation and re-integration in their country of origin; and
(e)
assist the OCTs in setting up short term disaster prevention and preparedness mechanisms, including for prediction and early warning, with a view to reducing the consequences of disasters.
3. The aid provided for by this Article may also be granted to OCTs taking in refugees or returnees to meet acute needs not covered by emergency assistance.
4. Aid provided for by this Article shall be financed from the general budget of the Union. However, it may exceptionally be financed from the allocations laid down in Annex II, in addition to the funding from the budget heading concerned.
5. Humanitarian and emergency aid operations shall be undertaken at the request of the OCTs affected, the Commission, the Member State to which the OCTs is linked, international organisations or local or international non-governmental organisations. Such aid shall be administered and implemented under procedures that facilitate rapid, flexible and effective operations.

Capacity development
Article 80
1. Financial assistance may contribute to, among other things, supporting the OCTs with developing the necessary capacities to define, implement and monitor territorial and/or regional strategies and actions in view of achieving the general objectives for the areas of cooperation mentioned in Parts Two and Three.
2. The Union shall support the efforts of the OCTs in developing reliable statistical data regarding those areas.
3. The Union may support OCTs in their efforts to improve comparability of their macroeconomic indicators.

Technical assistance
Article 81
1. On the initiative of the Commission, studies or technical assistance measures may be financed in order to ensure the preparation, monitoring, evaluation and supervision necessary for implementing this Decision and for its overall evaluation. Technical assistance provided locally shall be implemented in all instances in accordance with the rules applicable to decentralised financial management.
2. On the initiative of the OCTs, studies or technical assistance measures may be financed in relation to the implementation of the activities scheduled in the programming documents. The Commission may decide to finance such action either from the programmable aid or from the envelope earmarked for technical cooperation measures.

Additional support in the event of fluctuations in export earnings
Article 82
1. In order to mitigate the adverse effects of any short-term fluctuations in export earnings, in particular in the agricultural, fisheries and mining sectors, which might jeopardise the attainment of the development objectives of the OCTs concerned, a system of additional support shall be instituted within the financial allocation referred to in Annex II.
2. Support in the event of short-term fluctuations in export earnings shall be aimed to safeguard macroeconomic and sectoral reforms and policies that are at risk as a result of a drop in revenue and remedy the adverse effects of instability of export earnings in particular from agricultural and mining products.
The dependence of the OCTs economies on exports, in particular in the agricultural and mining sectors, shall be taken into account in the allocation of resources referred to in Annex V. In this context the isolated OCTs referred to in Annex I shall receive more favourable treatment in accordance with the criteria set out in Annex V.
3. The additional resources shall be provided in accordance with the specific modalities of the support mechanism as set out in Annex V.
4. The Union shall also provide support for market-based insurance schemes designed for OCTs seeking to protect themselves against the risk of fluctuations in export earnings.

Programming
Article 83
1. For the purpose of this Decision, programmable aid shall be based on a programming document.
2. The programming document may take into account the territorial development plans or other plans agreed upon between the OCTs and the Member States to which they are linked.
3. Pursuant to Article 10, the OCTs authorities shall assume the primary responsibility for the formulation of strategies, priorities and arrangements through the preparation of programming documents in coordination with the Commission and the Member State to which the OCTs is linked.
4. The OCTs authorities shall be responsible for:
(a)
establishing their priorities on which the strategy shall be based; and
(b)
formulating project and programme proposals submitted to and examined with the Commission.

Preparation, appraisal and approval of the Programming Document
Article 84
1. The competent Territorial or, in the case of regional programmes, Regional Authorising Officer shall prepare a proposal for a Programming Document following consultations with the widest possible range of stakeholders and shall draw on lessons learned and best practices.
2. Each proposal for a Programming Document shall be adapted to the needs and specific circumstances of each OCTs. It shall set out the focal sector(s) selected for Union financing, the specific objectives, the expected results, the performance indicators by which it shall be assessed and evaluated and the indicative financial allocation. It shall promote local ownership of cooperation programmes.
3. The proposal for the Programming Document shall be the subject of an exchange of views between the OCTs and Member State concerned and the Commission since the early stages of the programming process and with a view to promoting complementarity and consistency among their respective cooperation activities.
4. The Commission shall appraise the proposal for the Programming Document to determine whether it contains all the elements required and is consistent with the aims of this Decision and the relevant Union policies. The Commission shall consult with the European Investment Bank on the draft Programming Document.
5. The OCTs shall provide all the necessary information, including the results of any feasibility studies, to make the appraisal of the draft Programming Document by the Commission as effective as possible.
6. The OCTs authorities and the Commission shall be jointly responsible for approving the programming document. The Commission shall approve the programming document following the procedure provided for in Article 86.

Implementation
Article 85
1. The Commission shall adopt the financing decision corresponding to a programming document in accordance with the standards set out in the Financial Regulation applicable to the 11th EDF and following the procedure provided for in Article 87.
2. The Commission shall implement OCTs 11th EDF resources in any of the ways set out in the Financial Regulation applicable to the 11th EDF and in accordance with the conditions set out in this Decision and in the measures implementing that Decision. To this end, it shall conclude financing agreements with the relevant authorities of the OCTs.
3. The OCTs authorities shall be responsible for:
(a)
preparing, negotiating and concluding contracts;
(b)
implementing and managing projects and programmes; and
(c)
maintaining projects and programmes and ensuring their sustainability.
4. The relevant authorities of the OCTs and the Commission shall be jointly responsible for:
(a)
ensuring equality of conditions for participation in invitations to tender and contracts;
(b)
monitoring and evaluating the effects and results of projects and programmes; and
(c)
ensuring the proper, prompt and efficient execution of projects and programmes.
5. To facilitate the exchanges of views, technical meetings shall be held at least once a year between the Territorial Authorising Officers, the Member States concerned and representatives of the Commission involved in the programming, notably through the use of modern technologies or, if possible, as an extension of the OCTs-EU Forum dialogue.
6. Actions financed under the 11th EDF may be implemented with parallel or joint co-financing subject to provisions of the Financial Regulation applicable to the 11th EDF.

Territorial and Regional Authorising Officers
Article 86
1. The Government of each OCTs shall appoint a Territorial Authorising Officer to represent it in all operations financed from the resources of the 11th EDF managed by the Commission and the European Investment Bank. The Territorial Authorising Officer shall appoint one or more deputy Territorial Authorising Officers to replace him when he is unable to carry out his duties and shall inform the Commission of this appointment. Wherever the conditions regarding institutional capacity and sound financial management are met, the Territorial Authorising Officer may delegate his functions for implementation of the programmes and projects concerned to the body responsible within the competent OCTs authority. The Territorial Authorising Officer shall informex-antethe Commission of any such delegation.
When the Commission becomes aware of problems in carrying out procedures relating to management of resources from the 11th EDF, it shall, in conjunction with the Territorial Authorising Officer, make all contacts necessary to remedy the situation and take any appropriate steps. The Territorial Authorising Officer shall assume financial responsibility only for the executive tasks entrusted to him.
Where resources from the 11th EDF are managed indirectly and subject to any additional powers that might be granted by the Commission, the Territorial Authorising Officer shall:
(a)
be responsible for the coordination, programming, regular monitoring and reviews of implementation of cooperation, and for coordination with donors;
(b)
in close cooperation with the Commission, be responsible for the preparation, submission and appraisal of programmes and projects.
2. Where 11th EDF resources are managed in an indirect way and subject to any additional powers that might be granted by the Commission, the relevant Territorial Authorising Officer shall act as the Contracting Authority for programmes implemented by means of tenders or calls for proposals, under theex-antecontrol of the Commission.
3. The Territorial Authorising Officer shall, during the execution of operations and subject to the requirement to inform the Commission, decide on:
(a)
technical adjustments and alterations to programmes and projects in matters of detail so long as they do not affect the technical solution adopted and remain within the limits of the reserve for adjustments provided for in the financing agreement;
(b)
changes of site for multiple-unit programmes or projects where justified on technical, economic or social grounds;
(c)
imposition or remission of penalties for delay;
(d)
acts discharging guarantors;
(e)
subcontracting;
(f)
final acceptance, provided that the Commission has endorsed the provisional acceptance, the corresponding minutes and, where appropriate, is present at the final acceptance, in particular where the extent of the reservations recorded at the provisional acceptance necessitates major additional work; and hiring of consultants and other technical assistance experts.
4. In the case of regional programmes, the authorities of the participating OCTs shall designate a Regional Authorising Officer among the actors of cooperation referred to in Article 11. The duties of the Regional Authorising Officer correspondmutatis mutandisto those of the Territorial Authorising Officer.

EDF-OCTs Committee
Article 87
1. The Commission shall, where appropriate, be assisted by the Committee created by the 11th EDF Internal Agreement.
2. When exercising the powers conferred on it by this Decision, the Committee shall be known as the ‘EDF-OCTs Committee’. The procedures of the Committee laid down in the 11th EDF Internal Agreement and the Implementation Regulation applicable to the 11th EDF shall apply to the EDF-OCTs Committee. Until the entry into force of the latter Regulation, the procedures laid down in Council Regulation (EC) No 617/2007(8)shall apply.
3. The Committee shall focus its work on the substantive issues of cooperation at OCTs and regional level. In the interests of coherence, coordination and complementarity, it shall monitor the implementation of the Programming Documents.
4. The Committee shall give its opinion on:
(a)
draft Programming Documents and any amendments to them; and
(b)
the financing decisions for implementing this Part of the Decision.

Role of Union delegations
Article 88
1. Where the Union is represented by a Delegation under the authority of a Head of Delegation, the provisions of the Financial Regulation applicable to the 11th EDF concerning authorising officers and accounting officers by subdelegation shall apply.
2. The Territorial and/or Regional Authorising Officer shall cooperate and work closely with the Head of Delegation, who shall be the main contact for the different actors of cooperation in the OCTs concerned.

Rules on nationality and origin for public procurement, grants and other award procedures for OCTs
Article 89
1. General rules on eligibility:
(a)
Participation in the award of procurement contracts, grants and other award procedures for actions financed under this Decision for the benefit of third parties shall be open to all natural persons who are nationals of, and legal persons which are effectively established in, an eligible country or territory as defined in paragraph 2, and to International Organisations.
(b)
In the case of actions jointly co-financed with a partner or other donor or implemented through a Member State in shared management or through a Trust Fund established by the Commission, countries which are eligible under the rules of that partner, other donor or Member State or determined in the constitutive act of the trust fund, shall also be eligible.
In the case of actions implemented through entrusted bodies, which are Member States or their agencies, the European Investment Bank or through International Organisations or their agencies, natural and legal persons who are eligible under the rules of that entrusted body, as identified in the agreements concluded with the co-financing or implementing body, shall also be eligible.
(c)
In the case of actions financed under this Decision and, in addition, under another Instrument for external action, including the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States, of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000(9), as last amended in Ouagadougou on 22 June 2010(10), the countries identified under any of these Instruments shall be considered eligible for the purpose of that action.
In the case of actions of a global, regional or cross-border nature financed under this Decision, natural and legal persons from countries, territories and regions covered by the action may participate in the procedures implementing such actions.
(d)
All supplies purchased under a procurement contract, or in accordance with a grant agreement, financed under this Decision shall originate from an eligible country or territory. However, they may originate from any country or territory when the amount of the supplies to be purchased is below the threshold for the use of the competitive negotiated procedure. For the purposes of this Article, the term ‘origin’ is defined in Article 23 and 24 of Council Regulation (EEC) No 2913/92(11)and other Union legislation governing non-preferential origin.
(e)
The rules under this Article do not apply to, and do not create nationality restrictions for, natural persons employed or otherwise legally contracted by an eligible contractor or, where applicable, subcontractor.
(f)
Eligibility as defined in this Article may be restricted with regard to the nationality, localisation or nature of applicants, where required by the nature and the objectives of the action and as necessary for its effective implementation.
(g)
Natural and legal persons who have been awarded contracts shall respect applicable environmental legislation including multilateral environmental agreements as well as internationally agreed core labour standards.
2. Tenderers, applicants and candidates from the following countries and territories shall be eligible to funding under this Decision:
(a)
Member States, candidate countries and potential candidates as recognised by the Union, and members of the European Economic Area;
(b)
OCTs;
(c)
developing countries and territories, as included in the OECD-DAC list of ODA Recipients, which are not members of the G-20 group;
(d)
countries for which reciprocal access to external assistance is established by the Commission. Reciprocal access may be granted, for a limited period of at least one year, whenever a country grants eligibility on equal terms to entities from the Union and from OCTs;
(e)
Member States of the OECD, in the case of contracts implemented in a Least Developed Country;
(f)
when announced in advance in the documents of the procedure:
(i)
countries having traditional economic, trade or geographical links with neighbouring beneficiary countries;
(ii)
all countries, in the case of urgency or of unavailability of products and services in the markets of the eligible countries.
3. Tenderers, applicants and candidates from non-eligible countries or goods from non-eligible origin may be accepted as eligible by the Commission in duly substantiated cases where the eligibility rules would make the realisation of a project, a programme or an action impossible or exceedingly difficult.
4. For actions implemented in shared management, the relevant Member State to which the Commission has delegated implementation tasks is entitled, on behalf of the Commission, to authorise participation of tenderers, applicants and candidates from other countries and authorise goods from other countries within the meaning of point (f) of paragraph 2, and to accept as eligible, tenderers, applicants and candidates from non-eligible countries within the meaning of paragraph 3, or goods from non-eligible origin within the meaning of point (d) of paragraph 1.

Protecting the Union’s financial interests and financial controls
Article 90
1. The Commission shall take appropriate measures ensuring that, when actions financed under this Decision are implemented, the financial interests of the Union are protected by the application of preventive measures against fraud, corruption and any other illegal activities, by effective checks and, if irregularities are detected, by the recovery of the amounts wrongly paid and, where appropriate, by effective, proportionate and deterrent penalties.
2. The Commission and the Court of Auditors (ECA) shall have the power of audit, on the basis of documents and on-the-spot, over all grant beneficiaries, contractors and subcontractors who have received Union funds.
The European Anti-fraud Office (OLAF) may carry out on-the-spot checks and inspections on economic operators concerned directly or indirectly by such funding in accordance with the procedures laid down in Council Regulation (Euratom, EC) No 2185/96(12)with a view to establishing whether there has been fraud, corruption or any other illegal activity in connection with a grant agreement or grant decision or a contract concerning Union funding.
Without prejudice to the first and second subparagraphs, agreements with third countries and international organisations, and grant agreements and grant decisions and contracts resulting from the implementation of this Decision shall expressly empower the Commission, the ECA and OLAF to conduct such audits, on-the-spot checks and inspections, in accordance with the relevant EDF Financial Regulation.
3. OCTs shall bear primary responsibility for the financial supervision of the Union funds. This shall be carried out, where appropriate, in coordination with the Member State to which the OCTs is linked in accordance with the applicable national legislation.
4. The Commission shall be responsible for:
(a)
ensuring that management and control systems exist and function properly in the OCTs concerned so as to ensure that the Union funds are used correctly and effectively; and
(b)
in the event of irregularities, sending recommendations or requests for corrective measures to remedy those irregularities and rectify any management shortcomings found.
5. The Commission, the OCTs and, where appropriate, the Member State to which it is linked, shall cooperate on the basis of administrative arrangements at annual or biannual meetings to coordinate programmes, methodologies and the implementation of controls.
6. With regard to financial corrections:
(a)
the OCTs concerned shall be responsible in the first instance for detecting and correcting financial irregularities;
(b)
however, in the event of shortcomings by the OCTs concerned, the Commission shall take action, if the OCTs fails to remedy the situation and attempts at conciliation are unsuccessful, to reduce or withdraw the balance of the overall allocation corresponding to the financing decision of the Programming Document.

Monitoring, evaluation, review process and reporting
Article 91
1. Financial cooperation shall be sufficiently flexible to ensure that operations are kept constantly in line with the objectives of this Decision and take account of any changes occurring in the economic situation, priorities and objectives of the OCTs concerned, in particular by means of an ad hoc review of the Programming Document.
2. The review may be launched by the Commission or at the request of the OCTs concerned and following the agreement of the Commission.
3. The Commission shall examine the progress made in implementing the financial assistance provided to the OCTs, under the 11th EDF, and shall submit to the Council a report every year starting in 2015 on the implementation and results and, as far as possible, the main outcomes and impacts of the Union’s financial assistance. The report shall also be sent to the European Parliament, the European Economic and Social Committee and the Committee of the Regions.
4. The report referred to in paragraph 3 shall contain information relating to the previous year on the measures financed, the results of monitoring and evaluation exercises, the involvement of the relevant partners, and the implementation of the 11th EDF commitments and payments appropriations. The report shall assess the results of the assistance, using as far as possible, specific and measurable indicators. It shall reflect the main lessons learned and the follow-up to the recommendations of the evaluations of the previous years.

Eligibility for territorial financing
Article 92
1. The OCTs public authorities shall be eligible for financial support provided for in this Decision.
2. Subject to the agreement of the authorities of the OCTs concerned, the following entities or bodies shall also be eligible for financial support provided for in this Decision:
(a)
local, national and/or regional public or semi-public agencies, departments or local authorities of the OCTs and in particular their financial institutions and development banks;
(b)
companies and firms of the OCTs and of regional groups;
(c)
companies and firms of a Member State, so as to enable them, in addition to their own contribution, to undertake productive projects in the territory of an OCTs;
(d)
OCTs or Union financial intermediaries promoting and financing private investments in the OCTs; and
(e)
actors of decentralised cooperation and other non-governmental actors from OCTs and from the Union, to enable them to undertake economic, cultural, social and educational projects and programmes in the OCTs in the framework of decentralised cooperation, as referred to in Article 12.

Eligibility for regional financing
Article 93
1. A regional allocation shall be used for operations benefiting and involving:
(a)
two or more OCTs regardless of their location;
(b)
one or more OCTs and one or more outermost regions referred to in Article 349 TFEU;
(c)
one or more OCTs and one or more neighbouring ACP and/or non-ACP States;
(d)
one or more OCTs, one or more outermost regions and one or more ACP and/or non-ACP States;
(e)
two or more regional bodies of which OCTs are members;
(f)
one or more OCTs and regional bodies of which OCTs, ACP States or one or more of the outermost regions are members;
(g)
the OCTs and the Union as a whole; or
(h)
one or more entities, authorities or other bodies from at least one OCTs, being members of an EGTC in accordance with Article 8, one or more outermost regions and one or more neighbouring ACP and/or non-ACP States.
2. The funding to enable participation of the ACP States, outermost regions and other countries shall be additional to funds allocated to the OCTs under this Decision.
3. The participation of ACP States, outermost regions and other countries to programmes established pursuant to this Decision shall be envisaged only to the extent that:
(a)
the centre of gravity of the projects and programmes funded under the multi-annual financial framework of cooperation remains in an OCTs;
(b)
equivalent provisions exist in the framework of the Union’s financial instruments; and
(c)
the principle of proportionality is respected.
4. Appropriate measures will allow for matching of funding of credits from the EDF and the general budget of the Union to finance cooperation projects between the OCTs, the ACP Countries, the outermost regions as well as other countries, in particular simplified mechanisms for joint management of such projects.

Eligibility for Union programmes
Article 94
1. Natural persons from an OCTs, as defined in Article 50, and, where applicable, the relevant public and/or private bodies and institutions in an OCTs, shall be eligible for participation in and funding from Union programmes, subject to the rules and objectives of the programmes and possible arrangements applicable to the Member State to which the OCTs is linked.
2. OCTs shall also be eligible for support under programmes of the Union for cooperation with other countries, notably developing countries, subject to the rules, objectives and arrangements of those programmes.
3. The Commission shall report to the EDF-OCTs Committee on the participation of OCTs to Union programmes, on the basis of information contained in the Annual Implementation Report submitted by OCTs and other information available.

Delegation of powers to the Commission
Article 95
The Commission shall be empowered to adopt delegated acts amending the Appendices of Annex VI for the purpose of taking into account technological development and changes in customs legislation, in accordance with the procedure laid down in Article 96.

Exercise of the delegation
Article 96
1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
2. The power to adopt delegated acts referred to in Article 95 shall be conferred on the Commission for a period of 5 years from 1 January 2014. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the Council opposes such extension not later than three months before the end of each period.
3. The delegation of power referred to in Article 95 may be revoked at any time by the Council. A decision to revoke shall put an end to the delegation of power specified in that Decision. It shall take effect on the day following the publication of the decision in theOfficial Journal of the European Unionor at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
4. As soon as it adopts a delegated act, the Commission shall notify it to the Council.
5. A delegated act adopted pursuant to Article 95 shall enter into force only if no objection has been expressed by the Council within a period of 2 months of notification of the act to the Council or if, before the expiry of that period, the Council has informed the Commission that it will not object. That period shall be extended by 2 months at the initiative of the Council.

Change of status
Article 97
The Council, acting according to Article 203 TFEU, shall decide on any necessary adjustments to this Decision when:
(a)
an OCTs becomes independent;
(b)
an OCTs leaves the association;
(c)
an OCTs becomes an outermost region;
(d)
an outermost region becomes an OCTs.

Repeal
Article 98
Council Decision 2001/822/EC is hereby repealed.
References to the repealed Decision shall be construed as references to this Decision.

Entry into force
Article 99
This Decision shall enter into force on 1 January 2014.
Annex VI shall apply as provided for in Article 65 of that Annex.

THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 203 thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national Parliaments,
Having regard to the opinion of the European Parliament,
Acting in accordance with a special legislative procedure,
(1) This Decision replaces Council Decision 2001/822/EC(1)which applies until 31 December 2013. Pursuant to Article 62 of Decision 2001/822/EC, the Council is to establish the provisions to be laid down for the subsequent application of the principles set out in Articles 198 to 202 of the Treaty on the Functioning of the European Union (TFEU).
(2) In its conclusions of 22 December 2009 on the EU’s relations with Overseas Countries and Territories (OCTs), the Council invited the Commission to submit a legislative proposal to revise the Overseas Association Decision before July 2012. The Council endorsed the Commission’s proposal to base the future partnership between the Union and the OCTs on three key pillars: (1) enhancing competitiveness, (2) strengthening resilience and reducing vulnerability and (3) promoting cooperation and integration between the OCTs and other partners and neighbouring regions.
(3) The Commission held a public consultation between June and October 2008 and proposed a number of orientations for a new Association Decision. The results of this consultation were synthesised in a Communication of 6 November 2009 entitled ‘Elements for a new partnership between the European Union and the Overseas Countries and Territories (OCTs)’.
(4) The TFEU and its secondary legislation do not automatically apply to the OCTs, with the exception of a number of provisions which explicitly provide for the contrary. Although not third countries, the OCTs do not form part of the single market and must comply with the obligations imposed on third countries in respect of trade, particularly rules of origin, health and plant health standards and safeguard measures.
(5) The special relationship between the Union and the OCTs should move away from a classic development cooperation approach to a reciprocal partnership to support the OCTs’ sustainable development. Moreover, the solidarity between the Union and the OCTs should be based on their unique relationship and their belonging to the same ‘European family’.
(6) The contribution of civil society to OCTs development can be enhanced by strengthening civil society organisations in all spheres of cooperation.
(7) Given the OCTs’ geographical position, cooperation between them and their neighbours, despite the different status vis-à-vis Union law of each actor in a given geographical area, should be pursued in the interests of all sides with a particular focus on areas of common interest and the promotion of the Union’s values and standards. Moreover, the OCTs could act as regional hubs or centres of excellence in their regions.
(8) The Union should support the policies and strategies of an OCTs in an area of mutual interest on the basis of the specific need, potential and choice of the OCTs concerned.
(9) The association should aim at ensuring the conservation, restoration and sustainable use of biological diversity and ecosystem services as a key element for the achievement of sustainable development.
(10) The OCTs are host to wide terrestrial and marine biodiversity. Climate change could impact on OCTs’ natural environment and constitute a threat undermining their sustainable development. Actions in the fields of conservation of biodiversity and ecosystem services, disaster risk reduction, sustainable management of natural resources and promotion of sustainable energy would contribute to adaptation and mitigation of climate change in the OCTs.
(11) The significant role which OCTs could play in contributing to the Union’s commitments under Multilateral Environmental Agreements should be recognised in the relations between the Union and the OCTs.
(12) It is important to support the OCTs in their efforts in becoming less dependent on fossil fuels, with a view to reducing their vulnerability to fuels access and price volatility, thus making their economy more resilient and less vulnerable to external shocks.
(13) The Union could assist the OCTs to reduce their vulnerability to disasters and support the actions and measures they undertake for this purpose.
(14) The effects of the OCTs’ remoteness constitute a barrier to their competitiveness and thus it is important to improve the accessibility of the OCTs.
(15) The Union and the OCTs recognise the importance of education and vocational training as a lever for the OCTs’ sustainable development.
(16) Further economic and social development of the OCTs should be mutually supportive and aim at strengthening competitiveness of the OCTs’ economy, as well as attaining social welfare and inclusion, in particular for vulnerable groups and persons with disabilities. To that end, cooperation between the Union and OCTs should include exchange of information and best practice in the relevant areas, including skills development and social protection as well as promoting the rights of persons with disabilities, bearing in mind the principles of the UN Convention on the Rights of Persons with Disabilities. Moreover, the association between the Union and OCTs should contribute to the promotion of decent work, including best practice in social dialogue, as well as respect for core labour standards, equal opportunities, non-discrimination and accessibility in the OCTs and regions where they are located.
(17) Tourism could constitute an area of cooperation between the Union and the OCTs. The aim of cooperation should be to support the efforts of the authorities of the OCTs to derive maximum benefit from local, regional and international tourism and stimulate private financial flows from the Union and other sources into the development of tourism in the OCTs. Particular attention should be given to the need to integrate tourism into the social, cultural and economic life of the people, as well as respect for the environment.
(18) The incidence of communicable diseases in the OCTs, such asdenguein the Caribbean and the Pacific andchikungunyain the Indian Ocean region, can have a significant negative impact on health and the economy. Beyond decreasing the productivity of affected populations, epidemics in OCTs are likely to heavily impact tourism, which is a mainstay of many OCTs’ economies. Given the large number of tourists and migrant workers travelling to OCTs, they are vulnerable to importation of infectious diseases. Inversely, the large flow of people travelling back from OCTs could be a vector of introduction of communicable diseases in Europe. Ensuring a ‘safe tourism’ is therefore a critical factor for the sustainability of those OCTs economies that heavily rely on tourism.
(19) The association between the Union and the OCTs should take into account and contribute to the preservation of the cultural diversity and identity of OCTs.
(20) The Union recognises the importance of developing a more active partnership with the OCTs as regards good governance and the fight against organised crime, trafficking in human beings, terrorism and corruption.
(21) Trade and trade-related cooperation between the Union and the OCTs should contribute to the objective of sustainable economic development, social development and environmental protection.
(22) Global changes, reflected in the continuing process of trade liberalisation, broadly implicate the Union, the principal trading partner of the OCTs, their ACP neighbours and other economic partners.
(23) The OCTs are fragile island environments requiring adequate protection, including in respect of waste management. In respect of radioactive waste, Article 198 of the Euratom Treaty and the related secondary legislation provide for this, except with regard to Greenland, to which the Euratom Treaty does not apply. For other waste, it should be specified which Union rules are to apply in respect of the OCTs.
(24) This Decision should provide for more flexible rules of origin, including new possibilities of cumulation of origin. Cumulation should be possible not only with OCTs and Economic Partnership Agreement (EPA) countries, but under certain conditions, also for products originating in countries with which the Union is applying a free trade agreement as well as for products entering the Union duty-free and quota-free under the Union’s General System of Preferences(2), also subject to conditions. These conditions are necessary to prevent trade circumvention and ensure the proper functioning of the cumulation arrangements.
(25) The procedures for certification of OCTs origin should be updated, in the interests of the operators and administrations concerned in the OCTs. Provisions on administrative cooperation between the Union and the OCTs should also be updated accordingly.
(26) Methods of administrative cooperation and the possibility to temporarily withdraw preferential treatment in respect of all or of certain products originating in the OCTs in cases of fraud, irregularities or a systematic failure to comply with the rules concerning the origin of the products, or a failure to provide administrative cooperation should be established. In addition, sufficiently detailed safeguard and surveillance provisions should be laid down. This would allow OCTs and Union competent authorities as well as economic operators to rely on clear and transparent rules and procedures. Finally, it is a matter of common interest to ensure the proper application of the procedures and arrangements that allow the OCTs to export goods to the Union duty-free and quota-free.
(27) Taking into account the aims of integration and the developments of global trade in the area of services and establishment, it is necessary to support the development of services markets and investment possibilities by improving the market access of OCTs services and investment to the Union market. In this regard the Union should offer to OCTs the best possible treatment offered to any other trading partner through comprehensive most favoured nation clauses, while ensuring more flexible possibilities for trade relations for OCTs by limiting the treatment offered by OCTs to the Union to what has been offered to other major trading economies.
(28) Intellectual property rights are a crucial component for stimulating innovation and are a tool to promote economic and social development. They benefit countries by allowing them to protect intellectual creations and assets. Their protection and enforcement helps to facilitate trade, growth and foreign investment as well as to combat the health and safety risks of counterfeit products. OCTs can benefit from a policy on intellectual property rights, in particular in the context of the preservation of biodiversity and the development of technology.
(29) Sanitary and phyto-sanitary measures and technical barriers to trade may have an impact on trade and require cooperation. Trade and trade-related cooperation should also address competition policies and intellectual property rights, which affect the equitable distribution of the gains of trade.
(30) In order to ensure that OCTs may participate under the best conditions in the Union’s internal market as well as in regional, sub-regional and international markets, it is important to develop the capacity of the OCTs in relevant areas. These include the development of human resources and skills, the development of small and medium enterprises, the diversification of economic sectors and the implementation of an appropriate legal framework in order to achieve a business climate conducive to investment.
(31) Cooperation in the area of financial services between the Union and OCTs should contribute to building a safer, sounder, more transparent financial system that is essential to enhance global financial stability and to underpin sustainable growth. Efforts in that area should focus on convergence with internationally agreed standards and approximation of OCTs legislation with Unionacquison financial services. Adequate attention should be paid to strengthening administrative capacity of OCTs authorities, including in the area of supervision.
(32) Financial assistance to the OCTs should be allocated on the basis of uniform, transparent and effective criteria, taking into account the needs and performances of the OCTs. Such criteria should take into account the size of the population, the level of Gross Domestic Product (GDP), the level of previous allocations from the European Development Fund (EDF) and constraints due to the geographical isolation of OCTs.
(33) In the interest of efficiency, simplification and recognition of the management capacities of the OCTs authorities, the financial resources granted to the OCTs should be managed on the basis of a reciprocal partnership. Moreover, the authorities of the OCTs should assume the responsibility for the formulation and implementation of those policies agreed upon between the parties as cooperation strategies.
(34) The procedures regarding financial assistance should delegate the main responsibility for the 11th EDF programming and implementing cooperation to the OCTs in particular. Cooperation should be conducted predominantly in conformity with OCTs territorial regulations and should underpin support for monitoring, evaluating and auditing the operations programmed. The limited administrative and human resources of the OCTs should be taken into account in the programming and implementation process. In addition, it is necessary to clarify that OCTs are eligible for different sources of funding.
(35) OCTs may participate in European Groupings of Territorial Cooperation (EGTC), pursuant to Regulation (EC) No 1082/2006 of the European Parliament and of the Council(3). Regional cooperation for OCTs may therefore consist in their participation in an EGTC, in accordance with the arrangements applicable to the Member State to which the OCTs is linked. OCTs members of an EGTC may be eligible for regional financing.
(36) In order to take into account technological developments and changes in customs legislation, the power to adopt acts amending the Appendices to Annex VI, in accordance with Article 290 TFEU, should be delegated to the Commission. It is of particular importance that the Commission carry out appropriate consultations during its preparatory work, including at expert level. The Commission, when preparing and drawing up delegated acts, should ensure a timely and appropriate transmission of relevant documents to the Council.
(37) By virtue of this Decision, the Council should be able to produce an innovative response to all the factors mentioned above, which is both consistent and tailored to the variety of situations,
HAS ADOPTED THIS DECISION:

Purpose

1. This Decision establishes an association of the overseas countries and territories (OCTs) with the Union (the ‘association’), which constitutes a partnership, based on Article 198 TFEU, to support the OCTs’ sustainable development as well as to promote the values and standards of the Union in the wider world.
2. The partners to the association are the Union, the OCTs and the Member States to which they are linked.

Territorial application

The association shall apply to the OCTs listed in Annex II to the TFEU.

Objectives, principles and values

1. The association between the Union and the OCTs shall be based on objectives, principles and values shared by the OCTs, the Member States to which they are linked and the Union.
2. The association shall pursue the overall objectives laid down in Article 199 TFEU, by the enhancement of the OCTs’s competitiveness, the strengthening of the OCTs’ resilience, the reduction of their economic and environmental vulnerability and the promotion of cooperation between them and other partners.
3. In pursuing those objectives, the association shall respect the fundamental principles of liberty, democracy, human rights and fundamental freedoms, the rule of law, good governance and sustainable development, all of which are common to the OCTs and the Member States to which they are linked.
4. There shall be no discrimination based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation in the areas of cooperation referred to in this Decision.
5. The partners recognise each other’s rights to determine their sustainable development policies and priorities, to establish their own levels of domestic environmental and labour protection, and to adopt or modify accordingly the relevant laws and policies, consistently with commitment to the internationally recognised standards and agreements. In doing so, they shall strive to ensure high levels of environmental and labour protection.
6. In implementing this Decision, the partners shall be guided by the principles of transparency, subsidiarity and the need for efficiency and shall equally address the three pillars of OCTs’ sustainable development: economic development, social development and environmental protection.

Management of the association

Management of the association shall be conducted by the Commission and the OCTs authorities and, where necessary, by the Member State to which the OCTs is linked, in accordance with respective institutional, legal and financial competences.

Mutual interests, complementarity and priorities

1. The association is the framework for policy dialogue and cooperation on issues of mutual interest.
2. Priority shall be given to cooperation in areas of mutual interest, such as:
(a)
the economic diversification of OCTs economies, including their further integration in world and regional economies;
(b)
the promotion of green growth;
(c)
the sustainable management of natural resources, including the conservation and sustainable use of biodiversity and ecosystem services;
(d)
the adaptation to and mitigation of impacts of climate change;
(e)
the promotion of disaster risk reduction;
(f)
the promotion of research, innovation and scientific cooperation activities;
(g)
the promotion of social, cultural and economic exchanges between the OCTs, their neighbours and other partners.
3. Cooperation in the areas of mutual interest aims at the promotion of OCTs self-reliance and of the development of OCTs’ capacities to formulate, implement and monitor strategies and policies set out in paragraph 2.

Promotion of the association

1. With an aim to strengthen the relations between themselves, the Union and the OCTs endeavour to make the association known among their citizens, in particular by promoting the development of the links and cooperation between the authorities, academic community, civil society and businesses of OCTs on the one hand and their interlocutors within the Union on the other.
2. OCTs shall make efforts to strengthen and promote their relations with the Union as a whole. The Member States shall support these efforts.

Regional cooperation, regional integration and cooperation with other partners

1. Subject to Article 3 of this Decision, the association aims at supporting the OCTs in their efforts to take part in relevant international, regional and/or sub-regional cooperation initiatives as well as regional or sub-regional integration processes, in line with their own aspirations and in accordance with objectives and priorities defined by the competent OCTs authorities.
2. To this end, the Union and the OCTs may exchange information and best practices or establish any other form of close cooperation and coordination with other partners in the context of the OCTs’ participation in regional and international organisations, where appropriate by means of international agreements.
3. The association aims at supporting cooperation between the OCTs and other partners in the areas of cooperation set out in Parts Two and Three of this Decision. In that respect, the objective of the association is to promote the cooperation between the OCTs and the outermost regions, referred to in Article 349 TFEU, their neighbouring African, Caribbean and Pacific (ACP) and non-ACP States. In order to achieve that objective, the Union shall improve coordination and synergies between cooperation programmes supported by different EU financial instruments. The Union shall also endeavour to associate OCTs in its instances of dialogue with their neighbouring countries, whether they are ACP or non-ACP States, and with the outermost regions, where appropriate.
4. The support to OCTs’ participation in relevant regional integration organisations shall focus in particular on:
(a)
capacity building of relevant regional organisations and institutions of which OCTs are members;
(b)
regional or sub-regional initiatives such as the implementation of sectoral reform policies relating to the areas of cooperation identified in Parts Two and Three of this Decision;
(c)
the awareness and knowledge of the OCTs on the impacts of regional integration processes in different areas;
(d)
OCTs participation in the development of regional markets within the context of regional integration organisations;
(e)
cross-border investment between OCTs and their neighbours.

Participation in European Groupings of Territorial Cooperation

In the application of Article 7(1) to (3) of this Decision, the cooperation initiatives or other forms of cooperation shall also mean that governmental authorities, regional and sub-regional organisations, local authorities and, where appropriate, other public and private bodies or institutions (including public service providers) from an OCTs may participate in a European Grouping of Territorial Cooperation (EGTC) subject to the rules and objectives of the cooperation activities of this Decision and those of Regulation (EC) No 1082/2006 and in accordance with the arrangements applicable to the Member State to which the OCTs is linked.

Specific treatment

1. The association shall take into account the diversity of the OCTs in terms of economic development and capacity to fully benefit from regional cooperation and regional integration referred to in Article 7.
2. A specific treatment shall be established for isolated OCTs.
3. In order to enable isolated OCTs to overcome structural and other obstacles to their development, this specific treatment shall take account of their specific difficulties, inter alia, when determining the volume of financial assistance and the conditions attached thereto.
4. The OCTs which shall be considered to be isolated are listed in Annex I.

General approach

1. The association shall be based on a broad dialogue and consultations on issues of mutual interest between the OCTs, the Member States to which they are linked and the Commission, and, if appropriate, the European Investment Bank (EIB).
2. The OCTs shall organise, where appropriate, a dialogue and consultations with authorities and bodies such as:
(a)
the competent local and other public authorities;
(b)
the economic and social partners;
(c)
any other appropriate body representing civil society, environmental partners, non-governmental organisations, and bodies responsible for promoting of equality between men and women.

Actors of cooperation

1. Actors of cooperation in the OCTs shall include:
(a)
the OCTs’ governmental authorities;
(b)
the local authorities within the OCTs;
(c)
public service providers and civil society organisations, such as social, business, employers’ and trade union associations, and local, national or international non-governmental organisations;
(d)
regional and sub-regional organisations.
2. The Member States to which the OCTs are linked shall inform the Commission within three months of the entry into force of this Decision of the governmental and local authorities referred to in points (a) and (b) of paragraph 1.

Responsibilities of the non-governmental actors

1. Non-governmental actors may play a role in the exchange of information and consultations concerning the cooperation, and in particular for the preparation and implementation of cooperation assistance, projects or programmes. They may receive a delegation of financial management powers for implementing such projects or programmes for the purpose of supporting local development initiatives.
2. Non-governmental actors eligible for decentralised management of projects or programmes shall be identified by agreement between the OCTs authorities, the Commission and the Member State to which the OCTs is linked, taking into account the subject concerned, their expertise and field of activity. The process of identification shall be conducted in each OCTs as part of the broad dialogue and consultations referred to in Article 10.
3. The association aims at contributing to the efforts of the OCTs to strengthen civil society organisations, concerning in particular their creation and development, and the development of the arrangements necessary for opening their involvement in the design, implementation and evaluation of development strategies and programmes.

Guiding principles for dialogue

1. The Union, the OCTs and the Member States to which they are linked, shall regularly engage in a comprehensive and political dialogue.
2. The dialogue shall be conducted in full compliance with the respective institutional, legal and financial powers of the Union, of the OCTs and of the Member States to which they are linked. The dialogue shall be conducted in a flexible manner: it may be formal or informal, at an appropriate level or format, and conducted within the framework referred to in Article 14.
3. The dialogue shall enable the OCTs to take a full part in the implementation of the association.
4. The dialogue shall focus, inter alia, on specific political issues of mutual concern or of general significance for the attainment of the objectives of the association.

Instances of the association

1. The association shall establish the following instances of dialogue:
(a)
an OCTs-EU forum for dialogue (the ‘OCTs-EU Forum’), shall meet annually to bring together OCTs authorities, representatives of the Member States and the Commission. Members of the European Parliament, representatives of the EIB, and representatives of the outermost regions shall, where appropriate, be associated with the OCTs-EU Forum;
(b)
on a regular basis, the Commission, the OCTs and the Member States to which they are linked shall hold trilateral consultations. These consultations shall be organised at least four times a year on the initiative of the Commission or at the request of the OCTs and of the Member States to which they are linked;
(c)
in agreement between the OCTs, the Member States to which they are linked and the Commission, working parties, acting in an advisory capacity, shall be set up to follow the implementation of the association, in a form appropriate to the issues to be addressed. These working parties may be convened at the request of the Commission, of a Member State or of an OCTs. They shall provide for technical discussions on matters which are of specific concern to the OCTs and the Member States to which they are linked, complementing the work that is being done in the OCTs-EU Forum and/or in the trilateral consultations.
2. The Commission shall chair the OCTs-EU Forum, the trilateral consultations and the working parties and shall provide their secretariat.

General objectives and principles

In the context of the association, cooperation in the field of environment, climate change and disaster risk reduction may concern:
(a)
support to the OCTs efforts to define and implement policies, strategies, action plans and measures;
(b)
support to OCTs’ efforts to integrate in regional networks and initiatives;
(c)
the promotion of sustainable resource use and resource efficiency, and encouragement to the decoupling of economic growth from environmental degradation; and
(d)
support to OCTs efforts to act as regional hubs and centres of excellence.

Sustainable management and conservation of biodiversity and ecosystem services

In the context of the association, cooperation in the field of sustainable management and conservation of biodiversity and ecosystem services may concern:
(a)
the promotion of the establishment and effective management of marine and terrestrial protected areas and improved management of existing protected areas;
(b)
the encouragement of sustainable management of marine and terrestrial resources, which contribute to protecting species, habitats and ecosystem functions outside protected areas, in particular, endangered, vulnerable and rare species;
(c)
the strengthening of conservation and sustainable use of marine and terrestrial biodiversity and ecosystems by:
(i)
addressing the wider ecosystem challenge of climate change by maintaining healthy, resilient ecosystems and fostering green infrastructure and ecosystem- based approaches to climate change adaptation and mitigation which often bring multiple benefits;
(ii)
strengthening capacities at a local, regional and/or international scale, by promoting exchange of information, knowledge and best practice amongst all stakeholders including public authorities, landowners, private sector, researchers and civil society;
(iii)
strengthening existing nature conservation programmes and related efforts within and outside conservation areas;
(iv)
broadening the knowledge base and filling the knowledge gaps, including quantifying the value of ecosystem functions and services;
(d)
the encouragement and facilitation of regional cooperation in order to address issues such as invasive alien species or the impacts of climate change;
(e)
the development of mechanisms to lever resources including payments for ecosystem services.

Sustainable forest management

In the context of the association, cooperation in the field of sustainable forest management may concern the promotion of the conservation and sustainable management of forests, including their role in the conservation of the environment from erosion and desertification control, afforestation and management of timber exports.

Integrated coastal zone management

In the context of the association, cooperation in the field of integrated coastal zone management may concern:
(a)
the support to the efforts of the OCTs towards an effective sustainable management of marine and coastal zones in defining strategic and integrated approaches to marine and coastal zone planning and management;
(b)
conciliation of economic and social activities such as fisheries and aquaculture, tourism, maritime transports and agriculture with the potential of marine and coastal zones in terms of renewable energy, raw materials, whilst taking into account impacts of climate change and human activities.

Maritime Affairs

In the context of the association, cooperation in the field of maritime affairs may concern:
(a)
the strengthening of the dialogue on issues of common interest in that field;
(b)
the promotion of marine knowledge and biotechnology, ocean energy, maritime surveillance, coastal zone management and an ecosystem based management;
(c)
the promotion of integrated approaches at international level.

Sustainable management of fish stocks

1. In the context of the association, cooperation in the field of sustainable management of fish stocks shall be based on the following principles:
(a)
commitment to responsible fisheries management and fishing practices;
(b)
refraining from measures or activities that are inconsistent with the principles of sustainable exploitation of fisheries resources;
(c)
without prejudice to existing or future bilateral fisheries partnership agreements between the Union and the OCTs, the Union and the OCTs shall aim to regularly consult each other on the conservation and management of the living marine resources and to exchange information on the ongoing state of resources within the context of the relevant instances of the association provided for in Article 14.
2. Cooperation in the field referred to in paragraph 1 may concern:
(a)
the active promotion of good governance, best practices and responsible fisheries management in the conservation and sustainable management of fish stocks, including fish stocks of common interest and those managed by regional fisheries management organisations;
(b)
dialogue and cooperation regarding the conservation of fish stocks including measures to fight illegal, unreported and unregulated fishing and effectively cooperating with and within regional fisheries management organisations. Dialogue and cooperation shall include control and inspection schemes, incentives and obligations for a more effective management of fisheries and coastal environments in the long term.

Sustainable water management

1. In the context of the association, the Union and the OCTs may cooperate in the area of sustainable water management through water policy and institution building, protecting water resources, water supplies in rural and urban areas for domestic, industrial or agricultural purposes, storage, distribution and management of water resources and waste water management.
2. In the field of water supply and sanitation sector, particular attention shall be given to access in under-served areas to drinking water supply and sanitation services and those particularly exposed to natural disasters, which contribute directly to human resources development by improving the state of health and increasing productivity.
3. Cooperation in these areas shall be guided by the principle that the continuing need to extend the provision of basic services in water and sanitation to both urban and rural populations must be addressed in environmentally sustainable ways.

Waste management

In the context of the association, cooperation in the field of waste management may concern the promotion of the use of the best environmental practice in all operations related to waste management, including the reduction of waste, recycling or other processes of recovery, e.g. energy recovery and waste disposal.

Energy

In the context of the association, cooperation in the field of sustainable energy may concern:
(a)
energy production, distribution and access, in particular, the development, promotion, use and storage of sustainable energy from renewable energy sources;
(b)
energy policies and regulations, in particular the formulation of policies and adoption of regulations guaranteeing affordable and sustainable energy tariffs;
(c)
energy efficiency, in particular the development and introduction of energy efficiency standards and implementation of energy efficiency measures in different sectors (industrial, commercial, public and households), as well as accompanying educational and awareness activities;
(d)
transport, in particular the development, promotion and use of more environmental-friendly public and private transport means such as hybrid, electric or hydrogen vehicles, carpooling and cycling schemes;
(e)
town planning and construction, in particular the promotion and introduction of high environment quality standards and high energy performance in urban planning and construction; and
(f)
tourism, in particular the promotion of energy self-sufficient (renewable energy based) and/or green tourism infrastructures.

Climate change

In the context of the association, cooperation in the field of climate change shall aim to support the initiatives of the OCTs concerning climate change mitigation and adaptation to the adverse effects of climate change, and may cover:
(a)
the development of evidence; identification of key risks and territorial, regional and/or international actions, plans, or measures in view of adapting to climate change or mitigating its adverse effects;
(b)
the integration of adaptation to climate change and its mitigation in public policies and strategies;
(c)
the elaboration and identification of statistical data and indicators, essential tools for policy making and implementation; and
(d)
the promotion of the participation of the OCTs in regional and international dialogue in order to foster cooperation, including exchange of knowledge and experience.

Disaster risk reduction

In the context of the association, cooperation in the field of disaster risk reduction may concern:
(a)
the development or perfection of systems, including infrastructures, for disaster prevention and preparedness, including prediction and early-warning systems, with a view to reducing the consequences of disasters;
(b)
the development of detailed knowledge of the exposure to the disasters and the current response capacities in the OCTs and in the regions where they are located;
(c)
the strengthening of existing measures of disaster prevention and preparation at local, national and regional levels;
(d)
the improvement of response capacities of the actors concerned, to render them more coordinated, effective and efficient;
(e)
the improvement of awareness-raising and information to the population regarding the exposure to risks, prevention, preparation and the response in the event of disaster, with due attention to the specific needs of persons with disabilities;
(f)
the strengthening of collaboration between key actors involved in civil protection; and
(g)
the promotion of the participation of the OCTs in regional, European and/or international instances in order to allow a more regular exchange of information and a closer cooperation among the different partners in the event of disaster.

General objectives

1. In the context of the association, cooperation in the field of accessibility shall aim to:
(a)
ensure greater access of OCTs to global transport networks; and
(b)
ensure greater access of OCTs to information and communication technologies and services.
2. Cooperation in the context referred to in paragraph 1 may encompass:
(a)
policy and institution building;
(b)
transport by road, rail, air, sea or inland waterway; and
(c)
storage facilities in sea- and airports.

Maritime transport

1. In the context of the association, cooperation in the field of maritime transport shall aim to the development and promotion of cost-effective and efficient maritime transport services in the OCTs and may concern:
(a)
the promotion of efficient shipments of cargo at economically and commercially viable rates;
(b)
the facilitation of greater OCTs participation in international shipping services;
(c)
the encouragement of regional programmes;
(d)
the support to local private sector involvement in shipping activities; and
(e)
the development of infrastructure.
2. The Union and the OCTs shall promote shipping safety, security of crews and the prevention of pollution.

Air transport

In the context of the association, cooperation in the field of air transport may concern:
(a)
the reform and modernisation of the OCTs air transport industries;
(b)
the promotion of the commercial viability and competitiveness of the OCTs’ air transport industries;
(c)
the facilitation of private sector investment and participation; and
(d)
the promotion of exchange of knowledge and good business practice.

Air transport safety

In the context of the association, cooperation in the field of air transport safety shall aim to support the OCTs in their efforts to comply with the relevant international standards and may cover inter alia:
(a)
the implementation of air navigation safety systems;
(b)
the implementation of airport security and strengthening of the capacity of civil aviation authorities to manage all aspects of operational security placed under their control; and
(c)
the development of infrastructures and human resources.

Information and communication technologies services

In the context of the association, cooperation in the field of information and communication technology (ICT) services shall aim to spur, in the OCTs, innovation, economic growth and improvements in daily life for both citizens and businesses, including the promotion of accessibility for persons with disabilities. Cooperation shall, in particular, be directed at enhancing OCTs’ regulatory capacity and may support the expansion of ICT networks and services through the following measures:
(a)
creation of a predictable regulatory environment that keeps pace with technological developments, stimulates growth and innovation and fosters competition and consumer protection;
(b)
dialogue on the various policy aspects regarding the promotion and monitoring of the information society;
(c)
exchange of information on standards and interoperability issues;
(d)
promotion of cooperation in the field of ICT research and in the field of ICT-based research infrastructures;
(e)
development of services and applications in domains of high societal impact.

Cooperation in research and innovation

In the context of the association, cooperation in the field of research and innovation may cover science, technology, including information and communication technologies, with the aim of contributing to the OCTs’ sustainable development and to promoting the OCTs’s role as regional hubs and centres of excellence as well as their industrial competitiveness. In particular, cooperation may concern:
(a)
dialogue, coordination and creation of synergies between OCTs and Union policies and initiatives with regard to science, technology and innovation;
(b)
policy and institutional building within OCTs and concerted actions at local, national or regional level, with a view to developing science, technology and innovation activities and their application;
(c)
cooperation between legal entities from the OCTs, the Union, the Member States and the third countries;
(d)
participation of individual OCTs researchers, research bodies and legal entities from OCTs in the framework for cooperation related to research and innovation programmes within the Union and the Programme for the Competitiveness of Enterprises and small and medium – size enterprises (COSME); and
(e)
training and international mobility of OCTs researchers and exchange.

Youth

1. The Union shall ensure that natural persons from OCTs, as defined in Article 50, can participate in initiatives of the Union concerning youth on the same basis as nationals of Member States.
2. The association aims at strengthening the ties between young people living in the OCTs and the Union, among others by promoting learning mobility of OCTs youth and by fostering mutual understanding between young people.

Education and training

1. In the context of the association, cooperation in the field of education and training may cover:
(a)
the provision of high quality, inclusive education at primary, secondary and higher education level and in the area of vocational education and training; and
(b)
the support to the OCTs in defining and implementing education and vocational training policies.
2. The Union shall ensure that natural persons from the OCTs, as defined in Article 50, can participate in education and vocational training initiatives of the Union on the same basis as nationals of Member States.
3. The Union shall ensure that educational bodies and institutes from OCTs can take part in education related cooperation initiatives of the Union on the same basis as the educational and vocational training bodies and institutes of the Member States.

Employment and social policy

1. The Union and the OCTs shall maintain dialogue in the area of employment and social policy in order to contribute to the economic and social development of the OCTs and the promotion of decent work in the OCTs and regions where they are located. Such a dialogue shall also aim at supporting the efforts of the OCTs’ authorities to develop policies and legislation in this area.
2. The dialogue shall mainly consist of exchange of information and best practices relating to policies and legislation in the area of employment and social policy that are of mutual interest to the Union and the OCTs. In this regard, areas such as skills development, social protection, social dialogue, equal opportunities, non-discrimination and accessibility for persons with disabilities, health and safety at work and other labour standards shall be taken into consideration.

Public health

In the context of the association, cooperation in the field of public health shall aim to strengthen the OCTs’ capacity for surveillance, early detection and response to outbreaks of communicable diseases through measures including:
(a)
actions to strengthen preparedness and response capacity against cross-border health threats such as infectious diseases which should be built on existing structures and should target unusual events;
(b)
capacity building through strengthening public health networks at regional level, facilitating exchange of information among experts and promoting adequate training;
(c)
development of tools and communication platforms as well as e-learning programs adapted to OCTs’ particular needs.

Cultural exchanges and dialogue

1. In the context of the association, cooperation in the field of cultural exchanges and dialogue may concern:
(a)
the self-reliant development of the OCTs, this being a process centred on people themselves and rooted in each people’s culture;
(b)
the support to the policies and measures adopted by the competent authorities of OCTs to enhance their human resources, increase their own creative capacities and promote their cultural identities;
(c)
the participation by the population in the process of development;
(d)
the development of a common understanding and enhanced exchange of information on cultural and audiovisual matters through dialogue.
2. Through their cooperation the Union and the OCTs shall seek to stimulate cultural exchanges between each other through:
(a)
cooperation between the cultural and creative sectors of all partners;
(b)
promotion of the circulation of cultural and creative works and operators between them;
(c)
policy cooperation in order to foster policy development, innovation, audience building and new business models.

Audiovisual cooperation

1. In the context of the association, cooperation in the audiovisual field aims at promoting each other’s audiovisual productions and may cover the following actions:
(a)
cooperation and exchange between the respective broadcasting industries;
(b)
encouraging exchange of audiovisual works;
(c)
exchange of information and views on audiovisual and broadcasting policy and regulatory framework between competent authorities;
(d)
encouraging visits to and participation in international events held in each other’s territory as well as in third countries.
2. Co-produced audiovisual works shall be entitled to benefit from any scheme for the promotion of local or regional cultural content set up in the Union, the OCTs and the Member States to which they are linked.

Performing arts

In the context of the association, cooperation in the field of performing arts may concern:
(a)
the facilitation of increased contacts between practitioners of performing arts in areas such as professional exchanges and training including participation in auditions, development of networks and promotion of networking;
(b)
the encouragement of joint productions between producers of one or several Member States of the Union and one or several OCTs; and
(c)
the encouragement of the development of international theatre technology standards and the use of theatre stage signs, including through appropriate standardisation bodies.

Protection of cultural heritage and historic monuments

In the context of the association, cooperation in the field of tangible and intangible cultural heritage and historic monuments aims at allowing the promotion of exchanges of expertise and best practices through:
(a)
the facilitation of exchanges of experts;
(b)
the collaboration on professional training;
(c)
the awareness of the local public; and
(d)
the counselling on the protection of the historic monuments and protected spaces and on the legislation and implementation of measures related to heritage, in particular its integration into local life.

Fight against organised crime, trafficking in human beings, child sexual abuse and sexual exploitation, terrorism and corruption

1. In the context of the association, cooperation in the field of organised crime may include:
(a)
the development of innovative and effective means of police and judicial cooperation, including cooperation with other stakeholders such as civil society, in the prevention of and fight against organised crime, trafficking in human beings, child sexual abuse and sexual exploitation, terrorism and corruption; and
(b)
support in order to increase the efficiency of OCTs’ policies to prevent and fight against organised crime, trafficking in human beings, child sexual abuse and sexual exploitation, terrorism and corruption, as well as the production, distribution and trafficking of all kinds of narcotic drugs and psychotropic substances, preventing and reducing drug use and drug-related harms, taking into account work carried out in these areas by international bodies, through inter alia:
(i)
training and capacity building in preventing and fighting organised crime, including trafficking in human beings, child sexual abuse and sexual exploitation, terrorism and corruption;
(ii)
prevention including training, education and health promotion, treatment and rehabilitation of dependent drug users, including projects for the reintegration of dependent drug users into work and social environments;
(iii)
development of effective enforcement measures;
(iv)
technical, financial and administrative assistance on the development of effective policies and legislation on trafficking in human beings, in particular awareness raising campaigns, referral mechanisms and victim protection systems, involving all relevant stakeholders and civil society;
(v)
technical, financial and administrative assistance relating to the prevention, treatment and reduction of harms related to drug use;
(vi)
technical assistance to support the development of legislation and of policy against child sexual abuse and sexual exploitation; and
(vii)
technical assistance and training to support capacity building and encourage compliance with international anti-corruption standards notably those set out in the UN Convention against Corruption.
2. In the context of the association, the OCTs shall cooperate with the Union as regards combatting money laundering and the financing of terrorism in accordance with Articles 70 and 71.

Tourism

In the context of the Association, cooperation in the field of tourism may include:
(a)
measures aiming at defining, adapting and developing sustainable tourism policies;
(b)
measures and operations to develop and support sustainable tourism;
(c)
measures aiming at integrating sustainable tourism into the social, cultural and economic life of OCTs citizens.

General objectives

The general objectives of the trade and trade-related cooperation between the Union and the OCTs are to:
(a)
promote the economic and social development of the OCTs by establishing close economic relations between them and the Union as a whole;
(b)
stimulate the OCTs’ effective integration in the regional and world economies and the development of trade in goods and services;
(c)
support OCTs in creating a favourable investment climate to support social and economic development of OCTs;
(d)
promote the stability, integrity and transparency of the global financial system, and good governance in the tax area;
(e)
support the process of diversification of OCTs economies;
(f)
support OCTs capacities to formulate and implement policies necessary for the development of their trade in goods and services;
(g)
support the OCTs’ export and trading capacities;
(h)
support OCTs’ efforts to align or converge their local legislation with Union legislation, where relevant;
(i)
provide possibilities for targeted cooperation and dialogue with the Union on trade and trade-related areas.

Free access for originating goods

1. Products originating in the OCTs shall be imported into the Union free of import duty.
2. The definition of originating products and the methods of administrative cooperation relating thereto are laid down in Annex VI.

Quantitative restrictions and measures having equivalent effect

1. The Union shall not apply to imports of products originating in the OCTs any quantitative restrictions or measures having equivalent effect.
2. Paragraph 1 shall not preclude prohibitions or restrictions on imports, exports or goods in transit justified on grounds of public morality or public policy, the protection of health and life of humans, animals and plants, the protection of national treasures possessing artistic, historic or archaeological value, the conservation of exhaustible natural resources or the protection of industrial and commercial property.
Prohibitions or restrictions referred to in the first subparagraph shall in no case constitute a means of arbitrary or unjustifiable discrimination or a disguised restriction of trade generally.

Measures adopted by the OCTs

1. The authorities of the OCTs may retain or introduce, in respect of imports of products originating in the Union, such customs duties or quantitative restrictions as they consider necessary in view of their respective development needs.
2. For the fields covered by this chapter, the OCTs shall grant to the Union a treatment no less favourable than the most favourable treatment applicable to any major trading economy as defined in paragraph 4.
3. Paragraph 2 shall not preclude an OCTs from granting certain other OCTs or other developing countries more favourable treatment than that accorded to the Union.
4. For the purposes of this Title, a ‘major trading economy’ means any developed country, or any country accounting for a share of world merchandise exports above one per cent, or, without prejudice to paragraph 3, any group of countries acting individually, collectively or through an economic integration agreement accounting collectively for a share of world merchandise exports above 1,5 %. For this calculation the latest available official data by the WTO on leading exporters in world merchandise trade (excluding intra-Union trade) shall be used.
5. The authorities of the OCTs shall communicate to the Commission by 2 April 2014, the customs tariffs and lists of quantitative restrictions which they apply in compliance with this Decision.
The authorities of the OCTs shall also communicate to the Commission any subsequent amendments to such measures as and when they are adopted.

Non-discrimination

1. The Union shall not discriminate between OCTs and the OCTs shall not discriminate between Member States.
2. In compliance with Article 65, the implementation of the specific provisions in this Decision and in particular its Articles 44(2), 45 and 48, 49, 51 and 59(3) shall not be deemed to constitute a discrimination.

Conditions for movements of waste

1. Movements of waste between the Member States and the OCTs shall be controlled in accordance with international and Union law. The Union shall support the establishment and development of effective international cooperation in this area with a view to protecting the environment and public health.
2. The Union shall prohibit all direct or indirect export of waste to the OCTs, with the exception of exports of non-hazardous waste destined for recovery operations while at the same time the OCTs authorities shall prohibit the direct or indirect import into their territory of such waste from the Union or any third country, without prejudice to specific international undertakings concerning these areas that have been made, or may be made in future, in the competent international fora.
3. As regards those OCTs, which, due to their constitutional status, are not Party to the Basel Convention, their relevant authorities shall expedite adoption of the necessary internal legislation and administrative regulations to implement the provisions of the Basel Convention in those OCTs.
4. In addition, the Member States to which OCTs are linked shall promote the adoption by the OCTs of the necessary internal legislation and administrative regulations to implement the following acts:
(a)
Regulation (EC) No 1013/2006 of the European Parliament and of the Council(4), as follows:
—
Article 40 as regards exports of waste to overseas countries or territories;
—
Article 46 as regards imports of waste from overseas countries or territories;
(b)
Commission Regulation (EC) No 1418/2007(5); and
(c)
Directive 2000/59/EC of the European Parliament and of the Council(6)subject to the time limits for transposition laid down in Article 16 thereof.
5. One or more OCTs and the Member States to which they are linked may apply their own procedures to export of waste from the OCTs to that Member State.
6. In this case, the Member State to which the OCTs is linked shall notify to the Commission the applicable legislation by 2 July 2014, as well as any future relevant national legislation, and any subsequent amendments to such legislation.

Temporary withdrawal of preferences

Where the Commission considers that there are sufficient grounds to question whether this Decision is being correctly implemented, the Commission shall enter into consultations with the OCTs and the Member State with which the OCTs has special relations, in order to ensure the proper implementation of this Decision. In case the consultations do not lead to a mutually acceptable way of implementing this Decision, the Union may temporarily withdraw preferences from the OCTs concerned in accordance with Annex VII.

Safeguard and surveillance measures

In order to ensure the proper implementation of this Decision, the Union may take safeguard and surveillance measures set out in Annex VIII.

Definitions

For the purposes of this Chapter:
(a)
‘natural person from an OCTs’ means a person ordinarily resident in an OCTs who is a national of a Member State or who enjoys a legal status specific to an OCTs. This definition is without prejudice to the rights conferred by citizenship of the Union within the meaning of the TFEU;
(b)
‘legal person of an OCTs’ means a legal person of the OCTs set up in accordance with the laws applicable in a given OCTs, and having its registered office, its central administration, or its principal place of business in the territory in this OCTs; should the legal person have only its registered office or central administration in the OCTs, it shall not be considered as a legal person of the OCTs, unless it engages in an activity which has a real and continuous link with the economy of that country or territory;
(c)
the respective definitions laid down in the economic integration agreements referred to in Article 51(1) shall apply to the treatment accorded between the Union and the OCTs.

Most favourable treatment

1. With respect to any measures affecting trade in services and establishment in economic activities:
(a)
the Union shall accord to natural and legal persons of the OCTs a treatment no less favourable than the most favourable treatment applicable to like natural and legal persons of any third country with whom the Union concludes or has concluded an economic integration agreement;
(b)
an OCTs shall accord to the natural and legal persons of the Union a treatment no less favourable than the most favourable treatment applicable to like natural and legal persons of any major trading economy with whom it has concluded an economic integration agreement after 1 January 2014.
2. The obligations provided for in paragraph 1 of this Article shall not apply to treatment granted:
(a)
in the framework of an internal market requiring the parties thereto to significantly approximate their legislation with a view to removing non-discriminatory obstacles to establishment and to trade in services;
(b)
under measures providing for recognition of qualifications, licences or prudential measures in accordance with Article VII of the General Agreement on Trade in Services (GATS) or the GATS Annex on Financial Services. This is without prejudice to OCTs specific measures under this Article;
(c)
under any international agreement or arrangement relating wholly or mainly to taxation;
(d)
under measures benefiting from the coverage of a most-favoured nation exemption listed in accordance with Article II.2 of the GATS.
3. The authorities of an OCTs may with a view to promoting or supporting local employment, adopt regulations to aid their natural persons and local activities. In this event, the OCTs authorities shall notify the Commission of the regulations they adopt so that it may inform the Member States thereof.

Professional qualifications

With regard to the professions of doctor, dentist, midwife, general nurse, pharmacist and veterinary surgeon, the Council shall adopt in accordance with Article 203 TFEU the list of professional qualifications specific to the OCTs which are to be recognised in the Member States.

General approach

Trade and trade-related cooperation under the association aims at contributing to sustainable development in its economic, social and environmental dimensions. In this context, the domestic environmental or labour laws and regulations of OCTs shall not be lowered in order to encourage trade or investment.

Environmental and climate change standards in trade

1. Trade and trade-related cooperation under the association aims at enhancing the mutual supportiveness between trade and environmental policies and obligations. Trade and trade-related cooperation under the association shall take into account the principles of international environmental governance and multilateral environmental agreements.
2. The ultimate objective of the United Nations Framework Convention on Climate Change (UNFCCC) and its Kyoto Protocol shall be pursued. Cooperation shall be based on the development of the future legally binding international climate change agreement involving mitigation commitments by all parties in accordance with the implementation of decisions emanating from the Conferences of the Parties of the UNFCCC.
3. Measures to implement multilateral environmental agreements shall not be applied in a manner that would constitute a means of arbitrary or unjustifiable discrimination between the partners or a disguised restriction of trade.

Labour standards in trade

1. The association aims at promoting trade in such a way that it is conducive to full and productive employment and decent work for all.
2. The internationally recognised core labour standards, as defined by the relevant International Labour Organisation Conventions, shall be respected and implemented in law and practice. Such labour standards include in particular respect for freedom of association, right to collective bargaining, abolition of all forms of forced or compulsory labour, elimination of the worst forms of child labour, the minimum age for admission to employment and non-discrimination in respect to employment.
3. The violation of core labour standards cannot be invoked or otherwise used as a legitimate comparative advantage. Those standards shall not be used for protectionist purposes.

Sustainable trade in fisheries products

With a view to promoting the sustainable management of fish stocks, the association may include cooperation regarding the combat of illegal, unreported and unregulated fishing and related trade. Cooperation in this field aims at:
(a)
promoting the implementation of measures to combat illegal, unreported and unregulated fishing and related trade in OCTs;
(b)
facilitating cooperation between OCTs and regional fisheries management organisations, in particular with respect to the development and effective implementation of control and inspection schemes, incentives and measures for effective long term management of fisheries and marine ecosystems.

Sustainable timber trade

In the context of the association, cooperation in the field of timber trade aims at promoting trade in legally harvested timber. Such cooperation may include dialogue on regulatory measures as well as exchange of information on market-based or voluntary measures such as forest certification or green procurement policies.

Sustainable development in trade

1. In the context of the association, cooperation in the of field sustainable development may be pursued by:
(a)
facilitating and promoting trade and investment in environmental goods and services including through the elaboration and implementation of local legislation, as well as in those goods that contribute to the improvement of social conditions in OCTs;
(b)
facilitating the removal of obstacles to trade or investment regarding goods and services of particular relevance for climate change mitigation, such as sustainable renewable energy and energy efficient products and services, including through the adoption of policy frameworks conducive to the deployment of best available technologies and through the promotion of standards that respond to environmental and economic needs and minimise technical obstacles to trade;
(c)
promoting trade in goods that contribute to social conditions and environmentally sound practices, including goods that are the subject of voluntary sustainability assurance schemes such as fair and ethical trade schemes, eco-labels, and certification schemes for natural resource -based products;
(d)
promoting internationally recognised principles and guidelines in the area of corporate social responsibility, and encourage companies operating in the territory of OCTs to implement them;
(e)
exchanging information and best practices in the area of corporate social responsibility.
2. In the design and implementation of measures aimed at protecting the environment or labour conditions that may affect trade or investment, the Union and the OCTs shall take account of available scientific and technical information, and relevant international standards, guidelines or recommendations, including the precautionary principle.
3. The Union and the OCTs shall apply full transparency to develop, introduce and implement any measures aimed at protecting the environment and labour conditions affecting trade or investment.

Current payments and capital movements

1. No restrictions shall be imposed on any payments in freely convertible currency on the current account of balance of payments between residents of the Union and of the OCTs.
2. With regard to transactions on the capital account of balance of payments, the Member States and the OCTs authorities shall impose no restrictions on the free movement of capital for direct investments in companies formed in accordance with the laws of the host Member State, country or territory and shall ensure that the assets formed by such investment and any profit stemming therefrom can be realised and repatriated.
3. The Union and the OCTs shall be entitled to take the measures referred to in Articles 64, 65, 66, 75 and 215 TFEU in accordance with the conditions laid down thereinmutatis mutandis.
4. The OCTs authorities, the Member State concerned or the Union shall inform one another immediately of any such measures and submit a timetable for their elimination as soon as possible.

Competition policies

The elimination of distortions to competition, with due consideration to the different levels of development and economic needs of the OCTs, shall involve the implementation of local, national or regional rules and policies including the control and, under certain conditions, the prohibition of agreements between undertakings, of decisions by associations of undertakings and of concerted practices between undertakings which have as their object or effect the prevention, restriction or distortion of competition. Such prohibition also relates to the abuse by one or more undertakings of a dominant position in the territory of the Union or of the OCTs.

Protection of intellectual property rights

1. An adequate and effective level of protection of intellectual property rights, including means for enforcing such rights, shall be ensured in line with the highest international standards, where appropriate, with a view to reducing distortions and impediments to bilateral trade.
2. In the context of the association, cooperation in this field may concern the preparation of laws and regulations for the protection and enforcement of intellectual property rights, the prevention of the abuse of such rights by right holders and of the infringement of such rights by competitors and support for regional intellectual property organisations involved in enforcement and protection, including the training of personnel.

Technical barriers to trade

The association may include cooperation in the fields of technical regulation for goods, standardisation, conformity assessment, accreditation, market surveillance and quality assurance with a view to removing unnecessary technical barriers to trade between the Union and the OCTs and to reduce differences in those areas.

Consumer policy, consumer health protection and trade

In the context of the association, cooperation in the field of consumer policy, consumer health protection and trade may include the preparation of laws and regulations in the area of consumer policy and consumer health protection, with a view to avoiding unnecessary barriers to trade.

Sanitary and phyto-sanitary measures

In the context of the association, cooperation in the field of sanitary and phyto-sanitary measures aims at:
(a)
facilitating trade between the Union and the OCTs as a whole and between OCTs and third countries, whilst safeguarding human, animal and plant health or life in accordance with the WTO Agreement on the Application of Sanitary and Phytosanitary Measures (the ‘WTO SPS Agreement’);
(b)
addressing problems arising from sanitary and phyto-sanitary measures;
(c)
ensuring transparency as regards sanitary and phyto-sanitary measures applicable to trade between the Union and the OCTs;
(d)
promoting the harmonisation of measures with international standards, in accordance with the WTO SPS Agreement;
(e)
supporting the effective participation of OCTs in organisations that set international sanitary and phyto-sanitary standards;
(f)
promoting consultation and exchanges between OCTs and European institutes and laboratories;
(g)
establishing and enhancing OCTs technical capacity to implement and monitor sanitary and phyto-sanitary measures;
(h)
promoting technology transfer in the area of sanitary and phyto-sanitary measures.

Prohibition of protectionist measures

The provisions of Chapters 1 and 2 shall not be used as a means of arbitrary discrimination or a disguised restriction on trade.

Tax carve out

1. Without prejudice to the provisions of Article 67, the most favoured- nation treatment granted in accordance with this Decision shall not apply to tax advantages which the Member States or OCTs authorities are providing or may provide in the future on the basis of agreements to avoid double taxation or other tax arrangements, or domestic tax legislation in force.
2. Nothing in this Decision may be construed so as to prevent the adoption or enforcement of any measure aimed at preventing tax fraud or avoidance or evasion of taxes pursuant to the tax provisions of agreements to avoid double taxation or other tax arrangements, or domestic tax legislation in force.
3. Nothing in this Decision shall be construed so as to prevent the respective competent authorities from distinguishing, in the application of the relevant provisions of their tax legislation, between taxpayers who are not in the same situation, in particular with regard to their place of residence, or with regard to the place where their capital is invested.

Tax and customs arrangements for Union funded contracts

1. The OCTs shall apply to contracts funded by the Union tax and customs arrangements no less favourable than those applied by them to the Member State to which the OCTs is linked or to the states to which the most-favoured nation treatment is granted, or to international development organisations with which they have relations, whichever treatment is the most favourable.
2. Without prejudice to paragraph 1, the following arrangements shall apply to contracts financed by the Union:
(a)
the contract shall not be subject in the beneficiary OCTs to stamp or registration duties or to fiscal charges having equivalent effect, whether such charges already exist or are to be instituted in the future; however, such contracts shall be registered in accordance with the laws in force in the OCTs and a fee corresponding to the service rendered may be charged for it;
(b)
profits and/or income arising from the performance of contracts shall be taxable according to the internal fiscal arrangements of the beneficiary OCTs, provided that the natural persons or legal persons who realise such profit and/or income have a permanent place of business in that OCTs, or that the performance of the contract takes longer than six months;
(c)
enterprises which must import equipment in order to carry out works contracts shall, if they so request, benefit from the system of temporary admission as laid down by the legislation of the beneficiary OCTs in respect of that equipment;
(d)
professional equipment necessary for carrying out tasks defined in a service contract shall be temporarily admitted into the beneficiary OCTs free of fiscal, import and customs duties and of other charges having equivalent effect where these duties and charges do not constitute remuneration for services rendered;
(e)
imports under supply contracts shall be admitted into the beneficiary OCTs without customs duties, import duties, taxes or fiscal charges having equivalent effect. The contract for supplies originating in the OCTs concerned shall be concluded on the basis of the ex-works price of the supplies, to which may be added such internal fiscal charges as may be applicable to those supplies in the OCTs;
(f)
fuels, lubricants and hydrocarbon binders and all materials used in the performance of works contracts shall be deemed to have been purchased on the local market and shall be subject to fiscal rules applicable under the legislation in force in the beneficiary OCTs;
(g)
personal and household effects imported for use by natural persons, other than those recruited locally, engaged in carrying out tasks defined in a service contract and members of their families, shall be exempt from customs or import duties, taxes and other fiscal charges having equivalent effect, within the limits of the legislation in force in the beneficiary OCTs.
3. Any contractual matter not covered by paragraphs 1 and 2 shall remain subject to the legislation of the OCTs concerned.

General approach

With a view to ensuring that OCTs derive the maximum benefit from the provisions of this Decision and that they may participate under the best possible conditions in the Union’s internal market as well as regional, sub-regional and international markets, the association aims at contributing to the development of the OCTs’ trade capacities by:
(a)
increasing the OCTs’ competitiveness, self-reliance and economic resilience, through diversifying the range and increasing the value and volume of OCTs trade in goods and services and by strengthening the OCTs’ ability to attract private investments in various sectors of economic activity;
(b)
improving cooperation in trade in goods, services and establishment between the OCTs and neighbouring countries.

Trade dialogue, cooperation and capacity development

In the context of the association, trade dialogue, cooperation and capacity development initiatives may include:
(a)
strengthening the OCTs’ capacities to define and implement policies necessary for the development of trade in goods and services;
(b)
encouraging the efforts of OCTs to put into place appropriate legal, regulatory and institutional frameworks as well as the necessary administrative procedures;
(c)
promoting private sector development, in particular SMEs;
(d)
facilitating market and product development, including product quality improvement;
(e)
contributing to the development of human resources and professional skills relevant to trade in goods and services;
(f)
enhancing the capacity of business intermediaries to provide OCTs enterprises services pertinent to their exporting activities, such as market intelligence;
(g)
contributing to the creation of a business climate conducive to investment.

Cooperation on international financial services

With a view to promote the stability, integrity and transparency of the global financial system, the association may include cooperation on international financial services. Such cooperation may concern:
(a)
the provision of effective and adequate protection of investors and other consumers of financial services;
(b)
the prevention and combat of money laundering and financing of terrorism;
(c)
the promotion of cooperation between different actors of the financial system, including regulators and supervisors;
(d)
the setup of independent and effective mechanisms for supervision of financial services.

Regulatory alignment in financial services

The Union and the OCTs shall promote regulatory convergence with recognised international standards on regulation and supervision in the area of financial services including: the Basel Committee’s ‘Core Principle for Effective Banking Supervision’, the International Association of Insurance Supervisors’ ‘Insurance Core Principles’, the International Organisation of Securities Commissions’ ‘Objectives and Principles of Securities Regulation’, the OECD’s ‘Agreement on exchange of information on tax matters’, the G20 ‘Statement on Transparency and exchange of information for tax purposes’, the Financial Stability Board’s ‘Key Attributes of Effective Resolution Regimes for Financial Institutions’ and the Financial Action Task Force’s ‘International Standards on Combating Money Laundering and the Financing of Terrorism and Proliferation — the FATF Recommendations’.
Where it is appropriate to do so, or at the request of the OCTs concerned, the Union and the OCTs may make efforts to promote greater alignment of OCTs legislation with Union Legislation on financial services.

Cooperation between regulatory and supervisory authorities

The Union and the OCTs shall encourage the cooperation between relevant regulatory and supervisory authorities, including information exchange, sharing of expertise on financial markets and other such measures. Special attention shall be given to the development of administrative capacity of such authorities, inter alia, through personnel exchange and joint training.

Cooperation in taxation matters

The Union and the OCTs shall promote cooperation in the tax area in order to facilitate the collection of legitimate tax revenues and to develop measures for the effective implementation of the principles of good governance in the tax area, including transparency, exchange of information and fair tax competition.

General objectives

The Union shall contribute to the achievement of the association’s overall objectives through the provision of:
(a)
adequate financial resources and appropriate technical assistance aimed at strengthening the OCTs’ capacities to formulate and implement strategic and regulatory frameworks;
(b)
long term financing to promote private sector growth.

Definitions

For the purposes of this Part, the following definitions shall apply:
(a)
‘programmable aid’ means the non-repayable aid under the European Development Fund allocated to the OCTs in order to finance territorial or regional strategies and priorities set out in programming documents;
(b)
‘programming’ means the process of organisation, decision-making and allocation of indicative financial resources intended to implement, on a multi-annual basis, in an area referred to in Part Two of this Decision, the action to achieve the association’s objectives for the sustainable development of the OCTs;
(c)
‘programming document’ means the document which sets out the OCTs’s strategy, priorities and arrangements and translates the objectives and targets of the OCTs for its sustainable development in an effective and efficient way to pursue the objectives of the association;
(d)
‘development plans’ referred to in Article 83 means a coherent set of operations defined and financed exclusively by the OCTs in the framework of their own policies and strategies of development, and those agreed upon between an OCTs and the Member State to which it is linked;
(e)
‘territorial allocation’ means the amount allocated to individual OCTs for the programmable aid under the European Development Fund in order to finance territorial strategies and priorities set out in programming documents;
(f)
‘regional allocation’ means the amount allocated for the programmable aid under the European Development Fund in order to finance regional cooperation strategies or thematic priorities common to several OCTs and set out in programming documents;
(g)
‘financing decision’ means the act adopted by the Commission specifying the details of the Union’s financial contribution and authorizing to grant financial aid from the European Development Fund.

Principles of finance cooperation

1. Union financial assistance shall be based on the principles of partnership, ownership, alignment on territorial systems, complementarity and subsidiarity.
2. Operations funded within the framework of this Decision can take the form of programmable or non-programmable aid.
3. Union financial assistance shall:
(a)
be implemented with due regard to the OCTs respective geographical, social and cultural characteristics, as well as their specific potential;
(b)
ensure that resource flows are accorded on a predictable and regular basis;
(c)
be flexible and tailored to the situation in each OCTs; and
(d)
be conducted in full compliance with the respective institutional, legal and financial powers of each of the partners.
4. The authorities of the OCTs concerned shall be responsible for implementing operations without prejudice to the powers of the Commission to ensure sound financial management in the use of Union funds.

Sources of financing

OCTs shall be eligible for the following sources of funding:
(a)
resources allocated for the OCTs under the Internal Agreement between the Member States of the Union establishing the 11th European Development Fund (EDF);
(b)
the Union programmes and instruments provided for in the Union’s general budget; and
(c)
funds managed by the EIB under the EIB’s own resources, and the resources allocated to the EDF Investment Facility, in accordance with the conditions of the Internal Agreement between the Member States of the Union establishing the 11th EDF(7)(the ‘11th EDF Internal Agreement’).

Subject-matter and scope

Within the framework of the strategy and priorities established by the OCTs concerned at local or regional level, and without prejudice to humanitarian and emergency aid, financial support may be given to the following activities helping to achieve the objectives set out in this Decision:
(a)
sector policies and reforms as well as projects that are in coherence with them;
(b)
institutional development, capacity building and integration of environmental aspects;
(c)
technical cooperation; and
(d)
additional support in the event of fluctuations in export earnings from exports of goods and services referred in Article 82.

Humanitarian and emergency aid

1. Humanitarian and emergency aid shall be granted in the OCTs faced with serious economic and social difficulties of an exceptional nature resulting from natural or man-made disasters or extraordinary circumstances having comparable effects. Humanitarian and emergency aid shall be maintained as long as necessary to deal with the urgent problems which arise in such situations.
Humanitarian and emergency aid shall be granted solely on the basis of the needs and interests of disaster victims.
2. The aim of humanitarian and emergency aid shall be to:
(a)
save human lives, prevent and alleviate suffering and maintain human dignity in crisis and post-crisis situations;
(b)
contribute to the financing and delivery of humanitarian aid and to the direct access to it of its intended beneficiaries by all logistical means available;
(c)
carry out short-term rehabilitation and reconstruction to enable the victims to benefit from a minimum of socioeconomic integration and, as soon as possible, create the conditions for a resumption of development on the basis of long-term objectives;
(d)
address the needs arising from the displacement of people, such as refugees, displaced persons and returnees, following natural or man-made disasters so as to meet, for as long as necessary, all the needs of refugees and displaced persons, regardless of where they are located, and facilitate action for their voluntary repatriation and re-integration in their country of origin; and
(e)
assist the OCTs in setting up short term disaster prevention and preparedness mechanisms, including for prediction and early warning, with a view to reducing the consequences of disasters.
3. The aid provided for by this Article may also be granted to OCTs taking in refugees or returnees to meet acute needs not covered by emergency assistance.
4. Aid provided for by this Article shall be financed from the general budget of the Union. However, it may exceptionally be financed from the allocations laid down in Annex II, in addition to the funding from the budget heading concerned.
5. Humanitarian and emergency aid operations shall be undertaken at the request of the OCTs affected, the Commission, the Member State to which the OCTs is linked, international organisations or local or international non-governmental organisations. Such aid shall be administered and implemented under procedures that facilitate rapid, flexible and effective operations.

Capacity development

1. Financial assistance may contribute to, among other things, supporting the OCTs with developing the necessary capacities to define, implement and monitor territorial and/or regional strategies and actions in view of achieving the general objectives for the areas of cooperation mentioned in Parts Two and Three.
2. The Union shall support the efforts of the OCTs in developing reliable statistical data regarding those areas.
3. The Union may support OCTs in their efforts to improve comparability of their macroeconomic indicators.

Technical assistance

1. On the initiative of the Commission, studies or technical assistance measures may be financed in order to ensure the preparation, monitoring, evaluation and supervision necessary for implementing this Decision and for its overall evaluation. Technical assistance provided locally shall be implemented in all instances in accordance with the rules applicable to decentralised financial management.
2. On the initiative of the OCTs, studies or technical assistance measures may be financed in relation to the implementation of the activities scheduled in the programming documents. The Commission may decide to finance such action either from the programmable aid or from the envelope earmarked for technical cooperation measures.

Additional support in the event of fluctuations in export earnings

1. In order to mitigate the adverse effects of any short-term fluctuations in export earnings, in particular in the agricultural, fisheries and mining sectors, which might jeopardise the attainment of the development objectives of the OCTs concerned, a system of additional support shall be instituted within the financial allocation referred to in Annex II.
2. Support in the event of short-term fluctuations in export earnings shall be aimed to safeguard macroeconomic and sectoral reforms and policies that are at risk as a result of a drop in revenue and remedy the adverse effects of instability of export earnings in particular from agricultural and mining products.
The dependence of the OCTs economies on exports, in particular in the agricultural and mining sectors, shall be taken into account in the allocation of resources referred to in Annex V. In this context the isolated OCTs referred to in Annex I shall receive more favourable treatment in accordance with the criteria set out in Annex V.
3. The additional resources shall be provided in accordance with the specific modalities of the support mechanism as set out in Annex V.
4. The Union shall also provide support for market-based insurance schemes designed for OCTs seeking to protect themselves against the risk of fluctuations in export earnings.

Programming

1. For the purpose of this Decision, programmable aid shall be based on a programming document.
2. The programming document may take into account the territorial development plans or other plans agreed upon between the OCTs and the Member States to which they are linked.
3. Pursuant to Article 10, the OCTs authorities shall assume the primary responsibility for the formulation of strategies, priorities and arrangements through the preparation of programming documents in coordination with the Commission and the Member State to which the OCTs is linked.
4. The OCTs authorities shall be responsible for:
(a)
establishing their priorities on which the strategy shall be based; and
(b)
formulating project and programme proposals submitted to and examined with the Commission.

Preparation, appraisal and approval of the Programming Document

1. The competent Territorial or, in the case of regional programmes, Regional Authorising Officer shall prepare a proposal for a Programming Document following consultations with the widest possible range of stakeholders and shall draw on lessons learned and best practices.
2. Each proposal for a Programming Document shall be adapted to the needs and specific circumstances of each OCTs. It shall set out the focal sector(s) selected for Union financing, the specific objectives, the expected results, the performance indicators by which it shall be assessed and evaluated and the indicative financial allocation. It shall promote local ownership of cooperation programmes.
3. The proposal for the Programming Document shall be the subject of an exchange of views between the OCTs and Member State concerned and the Commission since the early stages of the programming process and with a view to promoting complementarity and consistency among their respective cooperation activities.
4. The Commission shall appraise the proposal for the Programming Document to determine whether it contains all the elements required and is consistent with the aims of this Decision and the relevant Union policies. The Commission shall consult with the European Investment Bank on the draft Programming Document.
5. The OCTs shall provide all the necessary information, including the results of any feasibility studies, to make the appraisal of the draft Programming Document by the Commission as effective as possible.
6. The OCTs authorities and the Commission shall be jointly responsible for approving the programming document. The Commission shall approve the programming document following the procedure provided for in Article 86.

Implementation

1. The Commission shall adopt the financing decision corresponding to a programming document in accordance with the standards set out in the Financial Regulation applicable to the 11th EDF and following the procedure provided for in Article 87.
2. The Commission shall implement OCTs 11th EDF resources in any of the ways set out in the Financial Regulation applicable to the 11th EDF and in accordance with the conditions set out in this Decision and in the measures implementing that Decision. To this end, it shall conclude financing agreements with the relevant authorities of the OCTs.
3. The OCTs authorities shall be responsible for:
(a)
preparing, negotiating and concluding contracts;
(b)
implementing and managing projects and programmes; and
(c)
maintaining projects and programmes and ensuring their sustainability.
4. The relevant authorities of the OCTs and the Commission shall be jointly responsible for:
(a)
ensuring equality of conditions for participation in invitations to tender and contracts;
(b)
monitoring and evaluating the effects and results of projects and programmes; and
(c)
ensuring the proper, prompt and efficient execution of projects and programmes.
5. To facilitate the exchanges of views, technical meetings shall be held at least once a year between the Territorial Authorising Officers, the Member States concerned and representatives of the Commission involved in the programming, notably through the use of modern technologies or, if possible, as an extension of the OCTs-EU Forum dialogue.
6. Actions financed under the 11th EDF may be implemented with parallel or joint co-financing subject to provisions of the Financial Regulation applicable to the 11th EDF.

Territorial and Regional Authorising Officers

1. The Government of each OCTs shall appoint a Territorial Authorising Officer to represent it in all operations financed from the resources of the 11th EDF managed by the Commission and the European Investment Bank. The Territorial Authorising Officer shall appoint one or more deputy Territorial Authorising Officers to replace him when he is unable to carry out his duties and shall inform the Commission of this appointment. Wherever the conditions regarding institutional capacity and sound financial management are met, the Territorial Authorising Officer may delegate his functions for implementation of the programmes and projects concerned to the body responsible within the competent OCTs authority. The Territorial Authorising Officer shall informex-antethe Commission of any such delegation.
When the Commission becomes aware of problems in carrying out procedures relating to management of resources from the 11th EDF, it shall, in conjunction with the Territorial Authorising Officer, make all contacts necessary to remedy the situation and take any appropriate steps. The Territorial Authorising Officer shall assume financial responsibility only for the executive tasks entrusted to him.
Where resources from the 11th EDF are managed indirectly and subject to any additional powers that might be granted by the Commission, the Territorial Authorising Officer shall:
(a)
be responsible for the coordination, programming, regular monitoring and reviews of implementation of cooperation, and for coordination with donors;
(b)
in close cooperation with the Commission, be responsible for the preparation, submission and appraisal of programmes and projects.
2. Where 11th EDF resources are managed in an indirect way and subject to any additional powers that might be granted by the Commission, the relevant Territorial Authorising Officer shall act as the Contracting Authority for programmes implemented by means of tenders or calls for proposals, under theex-antecontrol of the Commission.
3. The Territorial Authorising Officer shall, during the execution of operations and subject to the requirement to inform the Commission, decide on:
(a)
technical adjustments and alterations to programmes and projects in matters of detail so long as they do not affect the technical solution adopted and remain within the limits of the reserve for adjustments provided for in the financing agreement;
(b)
changes of site for multiple-unit programmes or projects where justified on technical, economic or social grounds;
(c)
imposition or remission of penalties for delay;
(d)
acts discharging guarantors;
(e)
subcontracting;
(f)
final acceptance, provided that the Commission has endorsed the provisional acceptance, the corresponding minutes and, where appropriate, is present at the final acceptance, in particular where the extent of the reservations recorded at the provisional acceptance necessitates major additional work; and hiring of consultants and other technical assistance experts.
4. In the case of regional programmes, the authorities of the participating OCTs shall designate a Regional Authorising Officer among the actors of cooperation referred to in Article 11. The duties of the Regional Authorising Officer correspondmutatis mutandisto those of the Territorial Authorising Officer.

EDF-OCTs Committee

1. The Commission shall, where appropriate, be assisted by the Committee created by the 11th EDF Internal Agreement.
2. When exercising the powers conferred on it by this Decision, the Committee shall be known as the ‘EDF-OCTs Committee’. The procedures of the Committee laid down in the 11th EDF Internal Agreement and the Implementation Regulation applicable to the 11th EDF shall apply to the EDF-OCTs Committee. Until the entry into force of the latter Regulation, the procedures laid down in Council Regulation (EC) No 617/2007(8)shall apply.
3. The Committee shall focus its work on the substantive issues of cooperation at OCTs and regional level. In the interests of coherence, coordination and complementarity, it shall monitor the implementation of the Programming Documents.
4. The Committee shall give its opinion on:
(a)
draft Programming Documents and any amendments to them; and
(b)
the financing decisions for implementing this Part of the Decision.

Role of Union delegations

1. Where the Union is represented by a Delegation under the authority of a Head of Delegation, the provisions of the Financial Regulation applicable to the 11th EDF concerning authorising officers and accounting officers by subdelegation shall apply.
2. The Territorial and/or Regional Authorising Officer shall cooperate and work closely with the Head of Delegation, who shall be the main contact for the different actors of cooperation in the OCTs concerned.

Rules on nationality and origin for public procurement, grants and other award procedures for OCTs

1. General rules on eligibility:
(a)
Participation in the award of procurement contracts, grants and other award procedures for actions financed under this Decision for the benefit of third parties shall be open to all natural persons who are nationals of, and legal persons which are effectively established in, an eligible country or territory as defined in paragraph 2, and to International Organisations.
(b)
In the case of actions jointly co-financed with a partner or other donor or implemented through a Member State in shared management or through a Trust Fund established by the Commission, countries which are eligible under the rules of that partner, other donor or Member State or determined in the constitutive act of the trust fund, shall also be eligible.
In the case of actions implemented through entrusted bodies, which are Member States or their agencies, the European Investment Bank or through International Organisations or their agencies, natural and legal persons who are eligible under the rules of that entrusted body, as identified in the agreements concluded with the co-financing or implementing body, shall also be eligible.
(c)
In the case of actions financed under this Decision and, in addition, under another Instrument for external action, including the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States, of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000(9), as last amended in Ouagadougou on 22 June 2010(10), the countries identified under any of these Instruments shall be considered eligible for the purpose of that action.
In the case of actions of a global, regional or cross-border nature financed under this Decision, natural and legal persons from countries, territories and regions covered by the action may participate in the procedures implementing such actions.
(d)
All supplies purchased under a procurement contract, or in accordance with a grant agreement, financed under this Decision shall originate from an eligible country or territory. However, they may originate from any country or territory when the amount of the supplies to be purchased is below the threshold for the use of the competitive negotiated procedure. For the purposes of this Article, the term ‘origin’ is defined in Article 23 and 24 of Council Regulation (EEC) No 2913/92(11)and other Union legislation governing non-preferential origin.
(e)
The rules under this Article do not apply to, and do not create nationality restrictions for, natural persons employed or otherwise legally contracted by an eligible contractor or, where applicable, subcontractor.
(f)
Eligibility as defined in this Article may be restricted with regard to the nationality, localisation or nature of applicants, where required by the nature and the objectives of the action and as necessary for its effective implementation.
(g)
Natural and legal persons who have been awarded contracts shall respect applicable environmental legislation including multilateral environmental agreements as well as internationally agreed core labour standards.
2. Tenderers, applicants and candidates from the following countries and territories shall be eligible to funding under this Decision:
(a)
Member States, candidate countries and potential candidates as recognised by the Union, and members of the European Economic Area;
(b)
OCTs;
(c)
developing countries and territories, as included in the OECD-DAC list of ODA Recipients, which are not members of the G-20 group;
(d)
countries for which reciprocal access to external assistance is established by the Commission. Reciprocal access may be granted, for a limited period of at least one year, whenever a country grants eligibility on equal terms to entities from the Union and from OCTs;
(e)
Member States of the OECD, in the case of contracts implemented in a Least Developed Country;
(f)
when announced in advance in the documents of the procedure:
(i)
countries having traditional economic, trade or geographical links with neighbouring beneficiary countries;
(ii)
all countries, in the case of urgency or of unavailability of products and services in the markets of the eligible countries.
3. Tenderers, applicants and candidates from non-eligible countries or goods from non-eligible origin may be accepted as eligible by the Commission in duly substantiated cases where the eligibility rules would make the realisation of a project, a programme or an action impossible or exceedingly difficult.
4. For actions implemented in shared management, the relevant Member State to which the Commission has delegated implementation tasks is entitled, on behalf of the Commission, to authorise participation of tenderers, applicants and candidates from other countries and authorise goods from other countries within the meaning of point (f) of paragraph 2, and to accept as eligible, tenderers, applicants and candidates from non-eligible countries within the meaning of paragraph 3, or goods from non-eligible origin within the meaning of point (d) of paragraph 1.

Protecting the Union’s financial interests and financial controls

1. The Commission shall take appropriate measures ensuring that, when actions financed under this Decision are implemented, the financial interests of the Union are protected by the application of preventive measures against fraud, corruption and any other illegal activities, by effective checks and, if irregularities are detected, by the recovery of the amounts wrongly paid and, where appropriate, by effective, proportionate and deterrent penalties.
2. The Commission and the Court of Auditors (ECA) shall have the power of audit, on the basis of documents and on-the-spot, over all grant beneficiaries, contractors and subcontractors who have received Union funds.
The European Anti-fraud Office (OLAF) may carry out on-the-spot checks and inspections on economic operators concerned directly or indirectly by such funding in accordance with the procedures laid down in Council Regulation (Euratom, EC) No 2185/96(12)with a view to establishing whether there has been fraud, corruption or any other illegal activity in connection with a grant agreement or grant decision or a contract concerning Union funding.
Without prejudice to the first and second subparagraphs, agreements with third countries and international organisations, and grant agreements and grant decisions and contracts resulting from the implementation of this Decision shall expressly empower the Commission, the ECA and OLAF to conduct such audits, on-the-spot checks and inspections, in accordance with the relevant EDF Financial Regulation.
3. OCTs shall bear primary responsibility for the financial supervision of the Union funds. This shall be carried out, where appropriate, in coordination with the Member State to which the OCTs is linked in accordance with the applicable national legislation.
4. The Commission shall be responsible for:
(a)
ensuring that management and control systems exist and function properly in the OCTs concerned so as to ensure that the Union funds are used correctly and effectively; and
(b)
in the event of irregularities, sending recommendations or requests for corrective measures to remedy those irregularities and rectify any management shortcomings found.
5. The Commission, the OCTs and, where appropriate, the Member State to which it is linked, shall cooperate on the basis of administrative arrangements at annual or biannual meetings to coordinate programmes, methodologies and the implementation of controls.
6. With regard to financial corrections:
(a)
the OCTs concerned shall be responsible in the first instance for detecting and correcting financial irregularities;
(b)
however, in the event of shortcomings by the OCTs concerned, the Commission shall take action, if the OCTs fails to remedy the situation and attempts at conciliation are unsuccessful, to reduce or withdraw the balance of the overall allocation corresponding to the financing decision of the Programming Document.

Monitoring, evaluation, review process and reporting

1. Financial cooperation shall be sufficiently flexible to ensure that operations are kept constantly in line with the objectives of this Decision and take account of any changes occurring in the economic situation, priorities and objectives of the OCTs concerned, in particular by means of an ad hoc review of the Programming Document.
2. The review may be launched by the Commission or at the request of the OCTs concerned and following the agreement of the Commission.
3. The Commission shall examine the progress made in implementing the financial assistance provided to the OCTs, under the 11th EDF, and shall submit to the Council a report every year starting in 2015 on the implementation and results and, as far as possible, the main outcomes and impacts of the Union’s financial assistance. The report shall also be sent to the European Parliament, the European Economic and Social Committee and the Committee of the Regions.
4. The report referred to in paragraph 3 shall contain information relating to the previous year on the measures financed, the results of monitoring and evaluation exercises, the involvement of the relevant partners, and the implementation of the 11th EDF commitments and payments appropriations. The report shall assess the results of the assistance, using as far as possible, specific and measurable indicators. It shall reflect the main lessons learned and the follow-up to the recommendations of the evaluations of the previous years.

Eligibility for territorial financing

1. The OCTs public authorities shall be eligible for financial support provided for in this Decision.
2. Subject to the agreement of the authorities of the OCTs concerned, the following entities or bodies shall also be eligible for financial support provided for in this Decision:
(a)
local, national and/or regional public or semi-public agencies, departments or local authorities of the OCTs and in particular their financial institutions and development banks;
(b)
companies and firms of the OCTs and of regional groups;
(c)
companies and firms of a Member State, so as to enable them, in addition to their own contribution, to undertake productive projects in the territory of an OCTs;
(d)
OCTs or Union financial intermediaries promoting and financing private investments in the OCTs; and
(e)
actors of decentralised cooperation and other non-governmental actors from OCTs and from the Union, to enable them to undertake economic, cultural, social and educational projects and programmes in the OCTs in the framework of decentralised cooperation, as referred to in Article 12.

Eligibility for regional financing

1. A regional allocation shall be used for operations benefiting and involving:
(a)
two or more OCTs regardless of their location;
(b)
one or more OCTs and one or more outermost regions referred to in Article 349 TFEU;
(c)
one or more OCTs and one or more neighbouring ACP and/or non-ACP States;
(d)
one or more OCTs, one or more outermost regions and one or more ACP and/or non-ACP States;
(e)
two or more regional bodies of which OCTs are members;
(f)
one or more OCTs and regional bodies of which OCTs, ACP States or one or more of the outermost regions are members;
(g)
the OCTs and the Union as a whole; or
(h)
one or more entities, authorities or other bodies from at least one OCTs, being members of an EGTC in accordance with Article 8, one or more outermost regions and one or more neighbouring ACP and/or non-ACP States.
2. The funding to enable participation of the ACP States, outermost regions and other countries shall be additional to funds allocated to the OCTs under this Decision.
3. The participation of ACP States, outermost regions and other countries to programmes established pursuant to this Decision shall be envisaged only to the extent that:
(a)
the centre of gravity of the projects and programmes funded under the multi-annual financial framework of cooperation remains in an OCTs;
(b)
equivalent provisions exist in the framework of the Union’s financial instruments; and
(c)
the principle of proportionality is respected.
4. Appropriate measures will allow for matching of funding of credits from the EDF and the general budget of the Union to finance cooperation projects between the OCTs, the ACP Countries, the outermost regions as well as other countries, in particular simplified mechanisms for joint management of such projects.

Eligibility for Union programmes

1. Natural persons from an OCTs, as defined in Article 50, and, where applicable, the relevant public and/or private bodies and institutions in an OCTs, shall be eligible for participation in and funding from Union programmes, subject to the rules and objectives of the programmes and possible arrangements applicable to the Member State to which the OCTs is linked.
2. OCTs shall also be eligible for support under programmes of the Union for cooperation with other countries, notably developing countries, subject to the rules, objectives and arrangements of those programmes.
3. The Commission shall report to the EDF-OCTs Committee on the participation of OCTs to Union programmes, on the basis of information contained in the Annual Implementation Report submitted by OCTs and other information available.

Delegation of powers to the Commission

The Commission shall be empowered to adopt delegated acts amending the Appendices of Annex VI for the purpose of taking into account technological development and changes in customs legislation, in accordance with the procedure laid down in Article 96.

Exercise of the delegation

1. The power to adopt delegated acts is conferred on the Commission subject to the conditions laid down in this Article.
2. The power to adopt delegated acts referred to in Article 95 shall be conferred on the Commission for a period of 5 years from 1 January 2014. The Commission shall draw up a report in respect of the delegation of power not later than nine months before the end of the five-year period. The delegation of power shall be tacitly extended for periods of an identical duration, unless the Council opposes such extension not later than three months before the end of each period.
3. The delegation of power referred to in Article 95 may be revoked at any time by the Council. A decision to revoke shall put an end to the delegation of power specified in that Decision. It shall take effect on the day following the publication of the decision in theOfficial Journal of the European Unionor at a later date specified therein. It shall not affect the validity of any delegated acts already in force.
4. As soon as it adopts a delegated act, the Commission shall notify it to the Council.
5. A delegated act adopted pursuant to Article 95 shall enter into force only if no objection has been expressed by the Council within a period of 2 months of notification of the act to the Council or if, before the expiry of that period, the Council has informed the Commission that it will not object. That period shall be extended by 2 months at the initiative of the Council.

Change of status

The Council, acting according to Article 203 TFEU, shall decide on any necessary adjustments to this Decision when:
(a)
an OCTs becomes independent;
(b)
an OCTs leaves the association;
(c)
an OCTs becomes an outermost region;
(d)
an outermost region becomes an OCTs.

Repeal

Council Decision 2001/822/EC is hereby repealed.
References to the repealed Decision shall be construed as references to this Decision.

Entry into force

This Decision shall enter into force on 1 January 2014.
Annex VI shall apply as provided for in Article 65 of that Annex.

LIST OF THE ISOLATED OCTs

ANNEX I
— | Falkland Islands
— | Saint Helena, Ascension Island, Tristan da Cunha
— | St Pierre and Miquelon

UNION FINANCIAL ASSISTANCE: 11th EDF

ANNEX II
Article 1
Allocation between the various instruments 1. For the purposes of this Decision, for the seven-year period from 1 January 2014 to 31 December 2020, the overall amount of the Union financial assistance of EUR 364,5 million under the 11th EDF fixed by the Internal Agreement establishing the 11th EDF shall be allocated as follows:
(a) EUR 351 million in the form of grants for programmable support for long-term development, humanitarian aid, emergency aid, refugee aid and additional support in the event of fluctuations in export earnings as well as for support for regional cooperation and integration;
(b) EUR 5 million to finance interest subsidies and technical assistance in the context of the OCTs Investment Facility referred to in Annex IV;
(c) EUR 8,5 million to studies or technical assistance measures in accordance with Article 80 of this Decision, and to an overall evaluation of the Decision to be made four years before it expires, at the latest. 2. The funds of the 11th EDF shall not be committed after 31 December 2020, unless the Council unanimously decides otherwise, on a proposal from the Commission. 3. Should the funds provided for in paragraph 1 be exhausted before this Decision expires, the Council shall take the appropriate measures.

Article 2
Administration of resources
The EIB shall administer the loans made from its own resources referred to in Annex III, as well as the operations financed under the OCTs Investment Facility referred to in Annex IV. All other financial resources under this Decision shall be administered by the Commission.

Article 3
Allocation between the OCTs
The amount of EUR 351 million mentioned in point (a) of Article 1(1) of this Annex shall be allocated on the basis of the needs and performance of the OCTs in accordance with the following criteria: 1. An amount A of EUR 229,5 million shall be allocated to the OCTs other than Greenland in particular to finance the initiatives referred to in the programming document. Where appropriate, the programming document shall pay particular attention to actions aimed at strengthening governance and the institutional capacities of the beneficiary OCTs and, where relevant, the likely timetable of the envisaged actions.
The allocation of amount A shall take into account the size of the population, the level of Gross Domestic Product (GDP), the level of previous EDF allocations and constraints due to the geographical isolation of OCTs as mentioned in Article 9 of this Decision. Any allocation shall be such as to allow its effective use. It should be decided in conformity with the principle of subsidiarity. 2. EUR 100 million shall be allocated to support regional cooperation and integration in accordance with Article 7 of this Decision, in particular regarding the priorities and areas of mutual interests referred to in Article 5 of this Decision and through consultation via the instances of the EU-OCTs partnership referred to in Article 14 of this Decision. It shall seek coordination with other Union financial instruments, cooperation between the OCTs and the outermost regions referred to in Article 349 TFEU. 3. A non-allocated reserve B of EUR 21,5 million shall be set aside to:
(a) finance humanitarian and emergency assistance for the OCTs and, if necessary, the additional support in the event of fluctuations in export earnings, in accordance with Annex IV;
(b) make new allocations in accordance with the development of the needs and performance of the OCTs referred to under paragraph 1. Performance shall be evaluated in an objective and transparent way, taking into account, inter alia, the use of the allocated resources, the effective implementation of the ongoing operations and the sustainable development measures adopted. 4. The Commission, following a mid-term review, may decide on the allocation of any non-allocated funds mentioned in this Article. The procedures for this review and the decision on any new allocation shall be adopted in accordance with Article 87 of this Decision.

UNION FINANCIAL ASSISTANCE: LOANS FROM THE EIB’S OWN RESOURCES

ANNEX III
Article 1
Amount
An amount of up to EUR 100 million shall be provided by the EIB for financing from its own resources in accordance with its own rules and procedures and the conditions provided for by its statutes and this Annex.

Article 2
EIB 1. The EIB shall:
(a) contribute, through the resources it manages, to the economic and industrial development of the OCTs on a territorial and regional basis and, to this end, finance as a priority productive projects or other investments aimed at promoting the private sector in all economic sectors;
(b) establish close cooperation links with national and regional development banks and with banking and financial institutions of the OCTs and of the Union;
(c) in consultation with the OCTs concerned, adapt the arrangements and procedures for implementing development finance cooperation, as set out in this Decision, if necessary, to take account of the nature of the projects and to act in accordance with the objectives of this Decision, within the framework of the procedures laid down by its statute. 2. Financing from the EIB’s own resources shall be granted under the following terms and conditions:
(a) the reference rate of interest shall be the rate applied by the EIB for a loan with the same conditions as to currency, repayment period and securities on the day of signature of the contract or on the date of disbursement;
(b) however:
(i) in principle, public sector projects shall be eligible for an interest rate subsidy of 3 %;
(ii) for private sector projects which involve restructuring operations in the framework of privatisation or for projects with substantial and clearly demonstrable social or environmental benefits, loans may be extended with an interest rate subsidy the amount and form of which will be decided with respect to the particular characteristics of the project. However, the interest rate subsidy shall not be higher than 3 %.
(iii) the final interest rate shall, in any case, never be less than 50 % of the reference rate.
(c) the amount of the interest rate subsidy calculated in terms of its value at the times of disbursement of the loan shall be charged against the interest subsidy allocation laid down in Article 2(11) of Annex IV, and paid directly to the EIB. Interest subsidies may be capitalised or used in the form of grants to support project-related technical assistance, particularly for financial institutions in the OCTs.
(d) the repayment period of loans made by the EIB from its own resources shall be determined on the basis of the economic and financial characteristics of the project, but may not exceed 25 years. These loans shall normally comprise a grace period fixed by reference to the construction period of the project. 3. For investments financed by the EIB from its own resources in public sector companies, specific project-related guarantees or undertakings may be required from the OCTs concerned.

Article 3
Conditions for foreign exchange transfer 1. The OCTs concerned shall, in respect of operations under this Decision and in respect of which they have given their written approval:
(a) grant exemption from all national or local duties, fiscal charges on interest, commission and amortisation of loans due in accordance with the law or laws of the OCTs concerned;
(b) place at the disposal of the beneficiaries the currency necessary for the payment of interest, commission and the amortisation of loans due in terms of financing contracts granted for the implementation of projects on their territories;
(c) make available to the EIB the foreign currency necessary for the transfer of all sums received by it in national currency at the exchange rate applicable between the euro or other currencies of transfer and the national currency at the date of the transfer. These include all forms of remuneration, such as, inter alia, interest, dividends, commissions and fees, as well as the amortisation of loans and the proceeds from the sale of shares due in terms of financing contracts granted for the implementation of projects on their territories. 2. For the purposes of this Article, ‘OCTs concerned’ shall mean the OCTs benefitting from the operation.

UNION FINANCIAL ASSISTANCE: EIB INVESTMENT FACILITY

ANNEX IV
Article 1
Objective
The OCTs Investment Facility (the Facility) set up by Decision 2001/822/EC with EDF funds to promote commercially viable enterprises shall be maintained.
The terms and conditions of financing in relation to the operations of the Facility and the loans from own resources of the EIB shall be as laid down in the Internal Agreement establishing the 11th EDF and in Annex III and in this Annex.
These resources may be channelled to eligible enterprises, either directly or indirectly, through eligible investment funds and/or financial intermediaries.

Article 2
Resources of the Facility 1. The resources of the Facility may be used, inter alia, to:
(a) provide risk capital in the form of:
(i) equity participation in OCTs enterprises, based or not in an OCTs, including financial institutions;
(ii) quasi-capital assistance to OCTs enterprises, including financial institutions;
(iii) guarantees and other credit enhancements which may be used to cover political and other investment-related risks, both for foreign and local investors or lenders;
(b) provide ordinary loans. 2. Equity participation shall, in general, be for non-controlling minority holdings and shall be remunerated on the basis of the performance of the project concerned. 3. Quasi-capital assistance may consist of shareholders’ advances, convertible bonds, conditional, subordinated and participating loans or any other similar form of assistance. Such assistance may consist in particular of:
(a) conditional loans, the servicing and/or the duration of which shall be linked to the fulfilment of certain conditions with regard to the performance of the project; in the specific case of conditional loans for pre-investment studies or other project-related technical assistance, servicing may be waived if the investment is not carried out;
(b) participating loans, the servicing and/or the duration of which shall be linked to the financial return of the project;
(c) subordinated loans, which shall be repaid only after other claims have been settled. 4. The remuneration of each operation shall be specified when the loan is made. 5. Without prejudice to paragraph 4:
(a) in the case of conditional or participating loans, the remuneration shall normally comprise a fixed interest rate of not more than 3 % and a variable component related to the performance of the project;
(b) in the case of subordinated loans, the interest rate shall be market related. 6. Guarantees shall be priced so as to reflect the risks insured and the particular characteristics of the operation. 7. The interest rate of ordinary loans shall comprise a reference rate applied by the EIB for comparable loans with the same terms and conditions as to grace and repayment periods and a mark up determined by the EIB. 8. Ordinary loans may be extended on concessional terms and conditions in the following cases:
(a) for infrastructure projects in the least developed OCTs, in post-conflict OCTs or in post-natural disaster OCTs that are prerequisites for private sector development. In such cases, the interest rate of the loan will be reduced by 3 %;
(b) for projects which involve restructuring operations in the framework of privatisation or for projects with substantial and clearly demonstrable social or environmental benefits. In such cases, loans may be extended with an interest rate subsidy the amount and form of which will be decided with respect to the particular characteristics of the project. However, the interest rate subsidy shall not be higher than 3 %. 9. The final rate of loans falling under point (a) or (b) of paragraph 8 shall, in any case, never be less than 50 % of the reference rate. 10. The funds to be provided for these concessional purposes will be made available from the Facility and shall not exceed the overall allocation for investment financing by the Facility and by the EIB from its own resources. 11. Interest subsidies may be capitalised or may be used in the form of grants to support project-related technical assistance, particularly for financial institutions in the OCTs.

Article 3
Operations of the Facility 1. The Facility shall operate in all economic sectors and support investments of private and commercially run public sector entities, including revenue generating economic and technological infrastructure critical for the private sector. The Facility shall:
(a) be managed as a revolving fund and aim at being financially sustainable. Its operations shall be on market-related terms and conditions and shall avoid creating distortions on local markets and displacing private sources of finances;
(b) support the OCTs financial sector and have a catalytic effect by encouraging the mobilisation of long-term local resources and attracting foreign private investors and lenders to projects in the OCTs;
(c) bear part of the risk of the projects it funds, its financial sustainability being ensured through the portfolio as a whole and not from individual operations;
(d) seek to channel funds through OCTs institutions and programmes that promote the development of small and medium-sized enterprises (SMEs). 2. The EIB shall be remunerated for the cost incurred in managing the Facility. The remuneration of the EIB shall include a fixed component of 0,5 % a year of the initial endowment and a variable component of an amount of up to 1,5 % a year of the portfolio of the Facility that is invested in projects in OCTs. The remuneration shall be financed out of the Facility. 3. Upon expiry of this Decision, and in the absence of a specific decision by the Council, the cumulative net reflows to the Facility shall be carried over to the next OCTs Financial Instrument.

Article 4
Conditions for foreign exchange rate risk
In order to minimise the effects of exchange rate fluctuations, the problems of exchange rate risk shall be dealt with in the following way:
(a) in the case of equity participation designed to strengthen an enterprise’s own funds, the exchange rate risk shall, as a general rule, be borne by the Facility;
(b) in the case of risk capital financing for SMEs, the exchange rate risk shall as a general rule be shared, on the one hand, by the Union, and on the other hand, by the other parties involved. On average, the foreign exchange rate risk shall be shared equally;
(c) where feasible and appropriate, particularly in countries characterised by macroeconomic and financial stability, the Facility will endeavour to extend loans in local OCTs currencies, thus taking the foreign exchange risk.

Article 5
Financial controls 1. Investment Facility operations shall be subject to the control and discharge procedure laid down in the Statutes of the EIB for all of its operations. 2. The ECA’s supervision of Investment Facility operations shall be carried out in accordance with the procedures agreed upon between the Commission, the EIB and the ECA, and in particular the Tripartite Agreement between the European Commission, the European Court of Auditors and the European Investment Bank of 27 October 2003, as amended, supplemented or modified from time to time.

Article 6
Privileges and immunities 1. The representatives of the EIB, while they are engaged in activities connected with or in implementation of this Decision, shall enjoy in the OCTs the customary privileges, immunities and facilities while carrying out their duties and while travelling to or from the place at which they are required to carry out such duties. 2. For its official communications and the transmission of all its documents, the EIB shall enjoy in the territory of the OCTs the treatment accorded to international organisations. 3. Official correspondence and other official communications of the EIB shall not be subject to censorship.

UNION FINANCIAL ASSISTANCE: ADDITIONAL SUPPORT IN THE EVENT OF SHORT-TERM FLUCTUATIONS IN EXPORT EARNINGS

ANNEX V
Article 1
Principles 1. The degree of dependence of an OCTs economy on the export of goods, and in particular from agricultural, fisheries and mining products shall be a criterion for determining the allocation of long-term development. 2. In order to mitigate the adverse effects of instability of export earnings and safeguard the development programme jeopardised by the drop in revenue, additional financial support may be mobilised from the programmable resources for the country’s long-term development on the basis of Articles 2 and 3 of this Annex.

Article 2
Eligibility criteria 1. Eligibility for additional resources shall be established by:
(a) a 10 %, or 2 % in the case of isolated OCTs as mentioned in Annex I, loss of export earnings from goods compared with the arithmetical average of the earnings in the first three years of the first four years preceding the application year; or
(b) a 10 %, or 2 % in the case of isolated OCTs as mentioned in Annex I, loss of export earnings from the total of agricultural, fisheries or mineral products compared with the arithmetical average of the earnings in the first three years of the first four years preceding the application year for countries where the agricultural, fisheries or mineral export revenues represent more than 40 % of total export revenues from goods. 2. Entitlement to additional support shall be limited to four successive years. 3. The additional resources shall be reflected in the public accounts of the country concerned. They shall be utilised in accordance with the implementing provisions to be laid down pursuant to Article 85 of this Decision. By agreement of both Parties the resources may be used to finance programmes included in the national budget. However a part of the additional resources may also be set aside for specific sectors.

Article 3
Advances
The system for allocating additional resources shall provide for advances to cover any delays in obtaining consolidated trade statistics and to ensure that the resources in question can be included in the budget of the year following the application year. Advances shall be mobilised on the basis of provisional export statistics drawn up by the authorities of the OCTs and submitted to the Commission in advance of the official final consolidated statistics. The maximum advance shall be 80 % of the estimated amount of additional resources for the application year. The amounts thus mobilised shall be adjusted by common agreement between the Commission and the authorities of the OCTs in the light of final consolidated export statistics and the final figure of the public deficit.

Article 4
Revision
The provisions in this Annex shall be subject to review at the latest after two years from the entry into force of the implementing provisions referred to in Article 85 of this Decision and subsequently at the request of the Commission, a Member State or an OCTs.

CONCERNING THE DEFINITION OF THE CONCEPT OF ‘ORIGINATING PRODUCTS’ AND METHODS OF ADMINISTRATIVE COOPERATION

ANNEX VITABLE OF CONTENTS
TITLE I | GENERAL PROVISIONS | 37
TITLE II | DEFINITION OF THE CONCEPT OF ORIGINATING PRODUCTS | 38
TITLE III | TERRITORIAL REQUIREMENTS | 44
TITLE IV | PROOFS OF ORIGIN SECTION 1 RULES APPLYING FROM THE ENTRY INTO FORCE OF THE OAD | 45
TITLE V | ARRANGEMENTS FOR ADMINISTRATIVE COOPERATION | 53
TITLE VI | CEUTA AND MELILLA | 57
TITLE VII | FINAL PROVISIONS | 57
Appendices I to XIII | 59TITLE I
GENERAL PROVISIONS

Article 1
Definitions
For the purposes of this Annex the following definitions shall apply:
(a) ‘EPA countries’ means regions or states which are part of the African, Caribbean and Pacific (ACP) Group of States and which have concluded agreements establishing, or leading to the establishment of, Economic Partnership Agreements (EPA), when such an EPA is either provisionally applied, or enters into force, whichever is the earlier;
(b) ‘manufacture’ means any kind of working or processing including assembly;
(c) ‘material’ means any ingredient, raw material, component or part, etc., used in the manufacture of the product;
(d) ‘product’ means the product being manufactured, even if it is intended for later use in another manufacturing operation;
(e) ‘goods’ means both materials and products;
(f) ‘fungible materials’ means materials that are of the same kind and commercial quality, with the same technical and physical characteristics, and which cannot be distinguished from one another once they are incorporated into the finished product;
(g) ‘customs value’ means the value as determined in accordance with the 1994 Agreement on Implementation of Article VII of the General Agreement on Tariffs and Trade (WTO Agreement on Customs Valuation);
(h) ‘value of materials’ in the list in Appendix II means the customs value at the time of importation of the non-originating materials used, or, if this is not known and cannot be ascertained, the first ascertainable price paid for the materials in the OCTs. Where the value of the originating materials used needs to be established, this point shall be applied mutatis mutandis;
(i) ‘ex-works price’ means the price paid for the product ex-works to the manufacturer in whose undertaking the last working or processing is carried out, provided that the price includes the value of all the materials used and all other costs related to its production, minus any internal taxes which are, or may be, repaid when the product obtained is exported.
Where the actual price paid does not reflect all costs related to the manufacturing of the product which are actually incurred in the OCTs, the ex-works price means the sum of all those costs, minus any internal taxes which are, or may be, repaid when the product obtained is exported.
For the purpose of this definition, where the last working or processing has been subcontracted to a manufacturer, the term ‘manufacturer’ referred to in the first subparagraph of this paragraph may refer to the enterprise that has employed the subcontractor.
(j) ‘maximum content of non-originating materials’ means the maximum content of non-originating materials which is permitted in order to consider a manufacture as working or processing sufficient to confer originating status on the product. It may be expressed as a percentage of the ex-works price of the product or as a percentage of the net weight of these materials used falling under a specified group of chapters, chapter, heading or sub-heading;
(k) ‘net weight’ means the weight of the goods themselves without packing materials and packing containers of any kind;
(l) ‘chapters’, ‘headings’ and ‘sub-headings’ mean the chapters, the headings and sub-headings (four- or six-digit codes) used in the nomenclature which makes up the Harmonised Commodity Description and Coding System (Harmonised System) with the changes pursuant to the Recommendation of 26 June 2004 of the Customs Cooperation Council;
(m) ‘classified’ refers to the classification of a product or material under a particular heading or sub-heading of the Harmonised System;
(n) ‘consignment’ means products which are either:
(i) sent simultaneously from one exporter to one consignee; or
(ii) covered by a single transport document covering their shipment from the exporter to the consignee or, in the absence of such document, by a single invoice.
(o) ‘exporter’ means a person exporting the goods to the Union or to an OCTs who is able to prove the origin of the goods, whether or not the person is the manufacturer and whether or not they themselves carry out the export formalities;
(p) ‘registered exporter’ means an exporter who is registered with the competent authorities of the OCTs concerned or of the Union for the purpose of making out statements on origin for the purpose of exporting under this Decision;
(q) ‘statement on origin’ means a statement made out by the exporter indicating that the products covered by it comply with the rules of origin of this Annex, for the purpose of allowing either the person declaring the goods for release for free circulation in the Union to claim the benefit of preferential tariff treatment or the economic operator in a OCTs importing materials for further processing in the context of cumulation rules to prove the originating status of such goods;
(r) ‘GSP country’ means a country or territory as defined in Article 2(d) of Regulation (EU) No 978/2012 of the European Parliament and of the Council (1).
TITLE II
DEFINITION OF THE CONCEPT OF ORIGINATING PRODUCTS

Article 2
General Requirements 1. The following products shall be considered as originating in an OCTs:
(a) products wholly obtained in an OCTs within the meaning of Article 3 of this Annex;
(b) products obtained in an OCTs incorporating materials which have not been wholly obtained there, provided that such materials have undergone sufficient working or processing within the meaning of Article 4 of this Annex. 2. Originating products made up of materials wholly obtained or sufficiently worked or processed in two or more OCTs shall be considered as products originating in the OCTs where the last working or processing took place. 3. For the purpose of implementing paragraph 1, the territories of the OCTs shall be considered as being one territory.

Article 3
Wholly obtained products 1. The following shall be considered as wholly obtained in an OCTs:
(a) mineral products extracted from its soil or from its seabed;
(b) plants and vegetable products grown or harvested there;
(c) live animals born and raised there;
(d) products from live animals raised there;
(e) products from slaughtered animals born and raised there;
(f) products obtained by hunting or fishing conducted there;
(g) products of aquaculture where the fish, crustaceans and molluscs are born there or raised there from eggs, larvae or fry;
(h) products of sea fishing and other products taken from the sea outside any territorial sea by its vessels;
(i) products made on board its factory ships exclusively from the products referred to in point (h);
(j) used articles collected there fit only for the recovery of raw materials;
(k) waste and scrap resulting from manufacturing operations conducted there;
(l) products extracted from the seabed or below the seabed which is situated outside any territorial sea but where it has exclusive exploitation rights;
(m) goods produced there exclusively from products specified in points (a) to (l). 2. The terms ‘its vessels’ and ‘its factory ships’ in points (h) and (i) of paragraph 1 shall apply only to vessels and factory ships which meet each of the following requirements:
(a) they are registered in an OCTs or in a Member State;
(b) they sail under the flag of an OCTs or of a Member State;
(c) they meet one of the following conditions:
(i) they are at least 50 % owned by nationals of the OCTs or of Member States; or
(ii) they are owned by companies which have their head office and their main place of business in the OCTs or in Member States, and which are at least 50 % owned by OCTs, public entities of that country, nationals of that country or of Member States. 3. The conditions of paragraph 2 may each be fulfilled in Member States or in different OCTs. In that case, the products shall be deemed to have the origin of the OCTs where the vessel or factory ship is registered in accordance with point (a) of paragraph 2.
Article 4
Sufficiently worked or processed products 1. Without prejudice to Articles 5 and 6 of this Annex, products which are not wholly obtained in an OCTs within the meaning of Article 3 of this Annex shall be considered to originate there, provided that the conditions laid down in the list in Appendix II for the goods concerned are fulfilled. 2. If a product which has acquired originating status in an OCTs in accordance with paragraph 1 is further processed in that OCTs and used as a material in the manufacture of another product, no account shall be taken of the non-originating materials which may have been used in its manufacture. 3. The determination of whether the requirements of paragraph 1 are met, shall be carried out for each product.
However, where the relevant rule is based on compliance with a maximum content of non-originating materials, in order to take into account fluctuations in costs and currency rates, the value of the non-originating materials may be calculated on an average basis as set out in paragraph 4. 4. In the case referred to in the second subparagraph of paragraph 3, an average ex-works price of the product and average value of non-originating materials used shall be calculated respectively on the basis of the sum of the ex-works prices charged for all sales of the products carried out during the preceding fiscal year and the sum of the value of all the non-originating materials used in the manufacture of the products over the preceding fiscal year as defined in the country of export, or, where figures for a complete fiscal year are not available, a shorter period which should not be less than three months. 5. Exporters having opted for calculations on an average basis shall consistently apply such a method during the year following the fiscal year of reference, or, where appropriate, during the year following the shorter period used as a reference. They may cease to apply such a method where, during a given fiscal year or a shorter representative period of no less than three months, they record that the fluctuations in costs or currency rates which justified the use of such a method have ceased. 6. The averages referred to in paragraph 4 shall be used as the ex-works price and the value of non-originating materials respectively, for the purpose of establishing compliance with the maximum content of non-originating materials.

Article 5
Insufficient working or processing operations 1. Without prejudice to paragraph 3, the following operations shall be considered as insufficient working or processing to confer the status of originating products, whether or not the requirements of Article 4 of this Annex are satisfied:
(a) preserving operations to ensure that the products remain in good condition during transport and storage;
(b) breaking-up and assembly of packages;
(c) washing, cleaning; removal of dust, oxide, oil, paint or other coverings;
(d) ironing or pressing of textiles and textile articles;
(e) simple painting and polishing operations;
(f) husking and partial or total milling of rice; polishing and glazing of cereals and rice;
(g) operations to colour or flavour sugar or form sugar lumps; partial or total milling of crystal sugar;
(h) peeling, stoning and shelling, of fruits, nuts and vegetables;
(i) sharpening, simple grinding or simple cutting;
(j) sifting, screening, sorting, classifying, grading, matching (including the making-up of sets of articles);
(k) simple placing in bottles, cans, flasks, bags, cases, boxes, fixing on cards or boards and all other simple packaging operations;
(l) affixing or printing marks, labels, logos and other like distinguishing signs on products or their packaging;
(m) simple mixing of products, whether or not of different kinds; mixing of sugar with any material;
(n) simple addition of water or dilution or dehydration or denaturation of products;
(o) simple assembly of parts of articles to constitute a complete article or disassembly of products into parts;
(p) a combination of two or more of the operations specified in points (a) to (o);
(q) slaughter of animals. 2. For the purposes of paragraph 1, operations shall be considered simple when neither special skills nor machines, apparatus or tools especially produced or installed for those operations are required for their performance. 3. All the operations carried out in an OCTs on a given product shall be taken into account when determining whether the working or processing undergone by that product is to be regarded as insufficient within the meaning of paragraph 1.
Article 6
Tolerances 1. By way of derogation from Article 4 of this Annex and subject to paragraphs 2 and 3 of this Article, non-originating materials which, according to the conditions set out in the list in Appendix II are not to be used in the manufacture of a given product may nevertheless be used, provided that their total value or net weight assessed for the product does not exceed:
(a) 15 % of the weight of the product for products falling within Chapter 2 and Chapters 4 to 24, other than processed fishery products in Chapter 16;
(b) 15 % of the ex-works price of the product for other products, except for products falling within Chapters 50 to 63, for which the tolerances mentioned in Notes 6 and 7 of Appendix I shall apply. 2. Paragraph 1 shall not allow that any of the percentages for the maximum content of non-originating materials as specified in the rules laid down in the list in Appendix II are exceeded. 3. Paragraphs 1 and 2 shall not apply to products wholly obtained in an OCTs within the meaning of Article 3 of this Annex. However, without prejudice to Article 5 and Article 11(2) of this Annex, the tolerance provided for in those paragraphs shall nevertheless apply to the sum of all the materials which are used in the manufacture of a product and for which the rule laid down in the list in Appendix I for that product requires that such materials be wholly obtained.

Article 7
Cumulation with the Union 1. Without prejudice to Article 2 of this Annex, materials originating in the Union shall be considered as materials originating in an OCTs when incorporated into a product obtained there, provided that they have undergone working or processing which goes beyond the operations referred to in Article 5(1). 2. Without prejudice to Article 2 of this Annex, working or processing carried out in the Union shall be considered as having been carried out in an OCTs, when the materials undergo subsequent working or processing there which goes beyond the operations referred to in Article 5(1) of this Annex. 3. For the purpose of cumulation provided for in this Article, the origin of the materials shall be established in accordance with this Annex.

Article 8
Cumulation with EPA countries 1. Without prejudice to Article 2 of this Annex, materials originating in the EPA countries shall be considered as materials originating in an OCTs when incorporated into a product obtained there, provided that they have undergone working or processing which goes beyond the operations referred to in Article 5(1) of this Annex. 2. Without prejudice to Article 2 of this Annex, working or processing carried out in the EPA countries shall be considered as having been carried out in an OCTs, when the materials undergo subsequent working or processing there which goes beyond the operations referred to in Article 5(1) of this Annex. 3. For the purpose of paragraph 1 of this Article, the origin of the materials originating in an EPA country shall be determined in accordance with the rules of origin applicable to the EPA concerned and relevant provisions on proofs of origin and administrative cooperation.
The cumulation provided for in this Article shall not apply to the following:
(a) materials originating in the Republic of South Africa which cannot be imported directly in the Union duty-free-quota-free in the framework of the EPA between the Union and the Southern African Development Community (SADC);
(b) materials listed in Appendix XIII. 4. The cumulation provided for in this Article may only be applied provided that:
(a) the EPA country supplying the materials and the OCTs manufacturing the final product have undertaken to:
(i) comply or ensure compliance with this Annex; and
(ii) provide the administrative cooperation necessary to ensure the correct implementation of this Annex both with regard to the Union and between themselves;
(b) the undertakings referred to in point (a) have been notified to the Commission by the OCTs involved. 5. Where EPA countries have already complied with paragraph 4 before the entry into force of this Decision, a new undertaking shall not be required.

Article 9
Cumulation with other countries benefiting from duty-free quota-free access to the market of the Union under the Generalised System of Preferences 1. Without prejudice to Article 2 of this Annex, materials originating in countries and territories set out in paragraph 2 of this Article shall be considered as materials originating in an OCTs when incorporated into a product obtained there, provided they have undergone working or processing which goes beyond the operations referred to in Article 5(1) of this Annex. 2. For the purposes of paragraph 1, materials shall originate from a country or territory:
(a) benefiting from the ‘Special arrangement for least developed countries’ set out in the Generalised System of Preferences (GSP) (2);
(b) benefiting from duty-free quota-free access to the market of the Union at HS 6-digit level under the general arrangement of the GSP (3). 3. The origin of the materials of the countries or territories concerned shall be determined according to the rules of origin laid down pursuant to Article 33 of Regulation (EU) No 978/2012 and in accordance with Articles 32 or 41 of this Annex. 4. The cumulation provided for in this paragraph shall not apply to the following:
(a) materials which at importation to the Union are subject to antidumping or countervailing duties when originating from the country which is subject to these antidumping or countervailing duties;
(b) tuna products classified under Harmonised System Chapters 3 and 16, which are covered by Article 7 and 12 of Regulation (EU) No 978/2012, and subsequent amending and corresponding legal acts;
(c) materials which are covered by Articles 22 and 30 of Regulation (EU) No 978/2012, and subsequent amending and corresponding legal acts. 5. The cumulation provided for in paragraph 1 of this Article may only be applied provided that:
(a) the countries or territories involved in the cumulation have undertaken to comply or ensure compliance with this Annex and to provide the administrative cooperation necessary to ensure the correct implementation of this Annex, both with regard to the Union and between themselves;
(b) the undertaking referred to in point (a) has been notified to the Commission by the OCTs concerned. 6. The Commission shall publish in the Official Journal of the European Union (C series) the date on which the cumulation provided for in this Article may be applied with those countries or territories listed in this Article which have fulfilled the necessary requirements.

Article 10
Extended cumulation 1. The Commission may grant, at the request of an OCTs, cumulation of origin between an OCTs and a country with which the Union has a free trade agreement in accordance with Article XXIV of the General Agreement on Tariffs and Trade (GATT) in force, provided that the following conditions are met:
(a) the countries or territories involved in the cumulation have undertaken to comply or ensure compliance with this Annex and to provide the administrative cooperation necessary to ensure the correct implementation of this Annex, both with regard to the Union and between themselves;
(b) the undertaking referred to in point (a) has been notified to the Commission by the OCTs concerned.
The Commission, taking into account the risk of trade circumvention and specific sensitivities of materials to be used in cumulation, may establish additional conditions for granting the cumulation requested. 2. The request referred to in the first subparagraph of paragraph 1 of this Article shall be addressed to the Commission in writing. It shall indicate the third country or countries concerned, shall contain a list of the materials subject to cumulation and shall be supported by evidence that the conditions laid down in points (a) and (b) of paragraph 1 of this Article are met. 3. The origin of the materials used and the documentary proof of origin shall be determined in accordance with the rules laid down in the relevant free trade agreement. The origin of the products to be exported to the Union shall be determined in accordance with the rules of origin laid down in this Annex. 4. In order for the obtained product to acquire originating status, it shall not be necessary that the materials originating in the third country and used in the OCTs in the manufacture of the product to be exported to the Union have undergone sufficient working or processing, provided that the working or processing carried out in the OCTs concerned goes beyond the operations described in Article 5(1) of this Annex. 5. The Commission shall publish in the Official Journal of the European Union (C series) the date on which the extended cumulation takes effect, the Union’s free trade agreement partner involved in that cumulation, the applicable conditions and the list of materials in relation to which the cumulation applies. 6. The Commission shall adopt a measure granting the cumulation referred to in paragraph 1 of this Article by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 64(2) of this Annex.

Article 11
Unit of qualification 1. The unit of qualification for the application of the provisions of this Annex shall be the particular product which is considered as the basic unit when determining classification using the Harmonised System. 2. When a consignment consists of a number of identical products classified under the same heading of the Harmonised System, each individual item shall be taken into account when applying the provisions of this Annex. 3. Where, under general rule 5 of the Harmonised System, packaging is included with the product for classification purposes, it shall be included for the purposes of determining origin.

Article 12
Accessories, spare parts and tools
Accessories, spare parts and tools dispatched with a piece of equipment, machine, apparatus or vehicle which are part of the normal equipment and included in the ex-works price thereof, shall be regarded as one with the piece of equipment, machine, apparatus or vehicle in question.

Article 13
Sets
Sets, as defined in General Interpretative Rule 3 of the Harmonised System, shall be regarded as originating when all the component products are originating products.
When a set is composed of originating and non-originating products, the set as a whole shall however be regarded as originating, provided that the value of the non-originating products does not exceed 15 % of the ex-works price of the set.

Article 14
Neutral elements
In order to determine whether a product is an originating product, no account shall be taken of the origin of the following which might be used in its manufacture:
(a) energy and fuel;
(b) plant and equipment;
(c) machines and tools;
(d) any other goods which do not enter, and which are not intended to enter, into the final composition of the product.

Article 15
Accounting segregation 1. If originating and non-originating fungible materials are used in the working or processing of a product, the customs authorities of the Member States may, at the written request of economic operators, authorise the management of materials in the Union using the accounting segregation method for the purpose of subsequent export to an OCTs within the framework of bilateral cumulation, without keeping the materials on separate stocks. 2. The customs authorities of the Member States may make the granting of authorisation referred to in paragraph 1 subject to any conditions they deem appropriate.
The authorisation shall be granted only if by use of the method referred to in paragraph 3 it can be ensured that, at any time, the number of products obtained which could be considered as ‘originating in the Union’ is the same as the number that would have been obtained by using a method of physical segregation of the stocks.
If authorised, the method shall be applied and the application thereof shall be recorded on the basis of the general accounting principles applicable in the Union. 3. The beneficiary of the method referred to in paragraph 2 shall make out or, until the application of the registered exporter system, apply for proofs of origin for the quantity of products which may be considered as originating in the Union. At the request of the customs authorities of the Member States, the beneficiary shall provide a statement of how the quantities have been managed. 4. The customs authorities of the Member States shall monitor the use made of the authorisation referred to in paragraph 1. They may withdraw the authorisation in the following cases:
(a) the beneficiary makes improper use of the authorisation in any manner whatsoever, or
(b) the beneficiary fails to fulfil any of the other conditions laid down in this Annex.

Article 16
Derogations 1. Upon the Commission’s initiative or in response to a request from a Member State or an OCTs, an OCTs may be granted a temporary derogation from the provisions of this Annex in any of the following cases:
(a) internal or external factors temporarily deprive it of the ability to comply with the rules for the acquisition of origin provided for in Article 2 of this Annex, where it could have done so previously;
(b) it requires time to prepare itself to comply with the rules for the acquisition of origin provided for in Article 2;
(c) the development of existing industries or the creation of new industries justifies it. 2. The request referred to in paragraph 1 shall be addressed to the Commission in writing, by means of the form set out in Appendix X. It shall state the reasons for the request and shall contain appropriate supporting documents. 3. The examination of requests shall in particular take into account:
(a) the level of development or the geographical situation of the OCTs concerned, having particular regard to the economic and social impact of the decision to be taken especially in respect of employment;
(b) cases where the application of the existing rules of origin would significantly affect the ability of an existing industry in the OCTs concerned to continue its exports to the Union, with particular reference to cases where this could lead to cessation of its activities;
(c) specific cases where it can be clearly demonstrated that significant investment in an industry could be deterred by the rules of origin and where a derogation favouring the realisation of the investment programme would enable these rules to be satisfied in stages. 4. The Commission shall respond positively to all the requests which are duly justified in conformity with this Article and which cannot cause serious injury to an established Union industry. 5. The Commission shall take steps necessary to ensure that a decision is reached as quickly as possible and shall adopt its position 95 working days from the date of receipt of a complete application. 6. The temporary derogation shall be limited to the duration of the effects of the internal or external factors giving rise to it or to the length of time needed for the OCTs to achieve compliance with the rules or to fulfil the targets which have been set by the derogation, taking into account the particular situation of the OCTs concerned and its difficulties. 7. When a derogation is granted, it is subject to compliance with any requirements laid down as to information to be provided to the Commission concerning the use of the derogation and the management of the quantities for which the derogation was granted. 8. The Commission shall adopt a measure granting a temporary derogation referred to in paragraph 1 of this Article by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 64(2) of this Annex.
TITLE III
TERRITORIAL REQUIREMENTS

Article 17
Principle of territoriality 1. Except as provided for in Articles 7 to 10 of this Annex, the conditions set out in this Annex for acquiring originating status shall be fulfilled without interruption in the OCTs. 2. If originating products exported from the OCTs to another country are returned, they shall be considered as non-originating unless it can be demonstrated to the satisfaction of the competent authorities that:
(a) the products returned are the same as those which were exported; and
(b) they have not undergone any operations beyond those necessary to preserve them in good condition, while in that country or while being exported.

Article 18
Non-manipulation clause 1. The products declared for release for free circulation in the Union shall be the same products as exported from the OCTs in which they are considered to originate. They shall not have been altered, transformed in any way or subjected to operations other than operations to preserve them in good condition, prior to being declared for release for free circulation. Storage of products or consignments and splitting of consignments may take place when carried out under the responsibility of the exporter or of a subsequent holder of the goods and the products remain under customs supervision in the country or countries of transit. 2. Compliance with paragraph 1 shall be considered as satisfied unless the customs authorities have reason to believe the contrary. In such cases, the customs authorities may request the declarant to provide evidence of compliance, which may be given by any means, including contractual transport documents such as bills of lading or factual or concrete evidence based on marking or numbering of packages or any evidence related to the goods themselves. 3. Paragraphs 1 and 2 of this Article shall apply mutatis mutandis when cumulation under Articles 7 to 10 of this Annex applies.

Article 19
Exhibitions 1. Originating products, sent from an OCTs for exhibition in a country other than an OCTs, an EPA country or a Member State, and sold after the exhibition for importation in the Union shall benefit on importation from the provisions of the Decision, provided it is shown to the satisfaction of the customs authorities that:
(a) an exporter has consigned these products from an OCTs to the country in which the exhibition is held and has exhibited them there;
(b) the products have been sold or otherwise disposed of by that exporter to a person in the Union;
(c) the products have been consigned during the exhibition or immediately thereafter in the state in which they were sent for exhibition;
(d) the products have not, since they were consigned for exhibition, been used for any purpose other than demonstration at the exhibition. 2. A proof of origin must be issued or made out in accordance with Title IV of this Annex and submitted to the customs authorities of the importing country in accordance with the procedures applicable in that country. The name and address of the exhibition must be indicated thereon. Where necessary, additional documentary evidence of the conditions under which they have been exhibited may be required. 3. Paragraph 1 shall apply to any trade, industrial, agricultural or crafts exhibition, fair or similar public show or display which is not organised for private purposes in shops or business premises with a view to the sale of foreign products, and during which the products remain under customs control.
TITLE IV
PROOFS OF ORIGIN

Section 1

General Requirements

Article 20
Amounts expressed in euro 1. For the application of Articles 26, 31, 43 and 44 of this Annex in cases where products are invoiced in a currency other than euro, amounts in the national currencies of the Member States equivalent to the amounts expressed in euro shall be fixed annually by each of the countries concerned. 2. A consignment shall benefit from Articles 26, 31, 43 and 44 by reference to the currency in which the invoice is drawn up. 3. The amounts to be used in any given national currency shall be the equivalent in that currency of the amounts expressed in euro as at the first working day of October of each year. The amounts shall be communicated to the Commission by 15 October and shall apply from 1 January the following year. The Commission shall notify all countries concerned of the relevant amounts. 4. A Member State may round up or down the amount resulting from the conversion into its national currency of an amount expressed in euro. The rounded-off amount may not differ from the amount resulting from the conversion by more than 5 per cent. A Member State may retain unchanged its national currency equivalent of an amount expressed in euro if, at the time of the annual adjustment provided for in paragraph 3, the conversion of that amount, prior to any rounding-off, results in an increase of less than 15 per cent in the national currency equivalent. The national currency equivalent may be retained unchanged if the conversion would result in a decrease in that equivalent value. 5. The amounts expressed in euro and their equivalents in national currencies of some Member States shall be reviewed by the Commission on its own initiative or at the request of a Member State or an OCTs. When carrying out this review, the Commission shall consider the desirability of preserving the effects of the limits concerned in real terms. For this purpose, it may decide to modify the amounts expressed in euro.

Section 2

Procedures before the application of the registered exporters system

Article 21
Proof of origin
Products originating in the OCTs shall, on importation into the Union benefit from this Decision upon submission of either:
(a) a movement certificate EUR.1, a specimen of which appears in Appendix III; or
(b) in the cases specified in Article 26, a declaration, the text of which appears in Appendix VI, given by the exporter on an invoice, a delivery note or any other commercial document which describes the products concerned in sufficient detail to enable them to be identified (the ‘origin declaration’).

Article 22
Procedure for the issue of a movement certificate EUR.1 1. A movement certificate EUR.1 shall be issued by the customs authorities of the exporting OCTs on application having been made in writing by the exporter or, under the exporter’s responsibility, by his authorised representative. 2. For this purpose, the exporter or his authorised representative shall fill out both the movement certificate EUR.1 and the application form, specimens of which appear in Appendix III and IV. These forms shall be completed in accordance with this Annex. If they are hand-written, they shall be completed in ink in printed characters. The description of the products must be given in the box reserved for this purpose without leaving any blank lines. Where the box is not completely filled, a horizontal line must be drawn below the last line of the description, the empty space being crossed through. 3. The exporter applying for the issue of a movement certificate EUR.1 shall be prepared to submit at any time, at the request of the customs authorities of the exporting OCTs where the movement certificate EUR.1 is issued, all appropriate documents proving the originating status of the products concerned as well as the fulfilment of the other requirements of this Annex. 4. A movement certificate EUR.1 shall be issued by the customs authorities of the exporting OCTs if the products concerned can be considered as products originating in an OCTs, in the Union or in an EPA country and fulfil the other requirements of this Annex. 5. The issuing customs authorities shall take any steps necessary to verify the originating status of the products and the fulfilment of the other requirements of this Annex. For this purpose, they shall have the right to call for any evidence and to carry out any inspection of the exporter’s accounts or any other check considered appropriate. The issuing customs authorities shall also ensure that the forms referred to in paragraph 2 are duly completed. In particular, they shall check whether the space reserved for the description of the products has been completed in such a manner as to exclude all possibility of fraudulent additions. 6. The date of issue of the movement certificate EUR.1 shall be indicated in Box 11 of the certificate. 7. A movement certificate EUR.1 shall be issued by the customs authorities and made available to the exporter as soon as actual exportation has been effected or ensured.

Article 23
Movement certificate EUR.1 issued retrospectively 1. Notwithstanding Article 22, a movement certificate EUR.1 may be issued after exportation of the products to which it relates if:
(a) it was not issued at the time of exportation because of errors or involuntary omissions or special circumstances;
(b) it is demonstrated to the satisfaction of the customs authorities that a movement certificate EUR.1 was issued but was not accepted at importation for technical reasons;
(c) a movement certificate EUR.1 was issued at the time of exportation for a consignment which was subsequently split in a third country of storage, in accordance with Article 18 of this Annex, provided that the initial EUR.1 certificate is returned to the customs authorities who issued it; or
(d) it was not issued at the time of exportation because the final destination of the consignment was not known at the time, and the destination was determined during its storage and after possible splitting of the consignment in a third country in accordance with Article 18 of this Annex. 2. For the implementation of paragraph 1, the exporter must indicate in his application the place and date of exportation of the products to which the movement certificate EUR.1 relates, and state the reasons for his request. 3. The customs authorities may issue a movement certificate EUR.1 retrospectively only after verifying that the information supplied in the exporter’s application agrees with that in the corresponding file. 4. Movement certificates EUR.1 issued retrospectively must be endorsed with the following phrases in the ‘Remarks’ box (Box 7) of the movement certificate EUR.1. ‘ISSUED RETROSPECTIVELY’
5. The endorsement referred to in paragraph 4 shall be inserted in the ‘Remarks’ box of the movement certificate EUR.1.
Article 24
Issue of duplicate movement certificate EUR.1 1. In the event of theft, loss or destruction of a movement certificate EUR.1, the exporter may apply to the customs authorities which issued it for a duplicate made out on the basis of the export documents in their possession. 2. The duplicate movement certificate EUR.1 shall be endorsed in the ‘Remarks’ box (Box 7) with the following word:
‘DUPLICATE’. 3. The endorsement referred to in paragraph 2 shall be inserted in the ‘Remarks’ box of the duplicate movement certificate EUR.1. 4. The duplicate, which must bear the date of issue of the original movement certificate EUR.1, shall take effect as from that date.

Article 25
Issue of movement certificates EUR.1 on the basis of a proof of origin issued or made out previously
When originating products are placed under the control of a customs office in the Union or in an OCTs, it shall be possible to replace the original proof of origin by one or more movement certificates EUR.1 for the purpose of sending all or some of these products elsewhere within the Union or an OCTs. The replacement movement certificate(s) EUR.1 shall be issued by the customs office under whose control the products are placed.

Article 26
Conditions for making out an origin declaration 1. An origin declaration as referred to in Article 21 (b) of this Annex may be made out:
(a) by an approved exporter as referred to in Article 27 of this Annex; or
(b) by any exporter for any consignment consisting of one or more packages containing originating products the total value of which does not exceed EUR 10 000. 2. An origin declaration may be made out if the products concerned can be considered as products originating in an OCTs, in an EPA country or in the Union and fulfil the other requirements of this Annex. 3. The exporter making out an origin declaration shall be prepared to submit at any time, at the request of the customs authorities of the exporting country or territory, all appropriate documents proving the originating status of the products concerned as well as the fulfilment of the other requirements of this Annex. 4. An origin declaration shall be made out by the exporter by typing, stamping or printing on the invoice, the delivery note or another commercial document, the declaration, the text of which appears in Appendix VI, using one of the linguistic versions set out in that Annex and in accordance with the provisions of the domestic law of the exporting country or territory. If the declaration is hand-written, it shall be written in ink in printed characters. 5. Origin declarations shall bear the original signature of the exporter in manuscript. However, an approved exporter within the meaning of Article 27 of this Annex shall not be required to sign such declarations provided that he gives the customs authorities of the exporting country a written undertaking that he accepts full responsibility for any origin declaration which identifies him as if it had been signed in manuscript by him. 6. An origin declaration may be made out by the exporter when the products to which it relates are exported, or after exportation on condition that it is presented in the importing country no longer than two years after the importation of the products to which it relates.

Article 27
Approved exporter 1. The customs authorities of the exporting country may authorise any exporter to make out origin declarations irrespective of the value of the products concerned. An exporter seeking such authorisation shall offer to the satisfaction of the customs authorities all guarantees necessary to verify the originating status of the products as well as the fulfilment of the other requirements of this Annex. 2. The customs authorities may grant the status of approved exporter subject to any conditions which they consider appropriate. 3. The customs authorities shall grant to the approved exporter a customs authorisation number which shall appear on the origin declaration. 4. The customs authorities shall monitor the use of the authorisation by the approved exporter. 5. The customs authorities may withdraw the authorisation at any time. They shall do so where the approved exporter no longer offers the guarantees referred to in paragraph 1, does not fulfil the conditions referred to in paragraph 2 or otherwise makes an incorrect use of the authorisation.

Article 28
Validity of proof of origin 1. A proof of origin shall be valid for 10 months from the date of issue in the exporting country, and must be submitted within the said period to the customs authorities of the importing country. 2. Proofs of origin which are submitted to the customs authorities of the importing country after the final date for presentation specified in paragraph 1 may be accepted for the purpose of applying preferential treatment, where the failure to submit these documents by the final date set is due to exceptional circumstances. 3. In other cases of belated presentation, the customs authorities of the importing country may accept the proofs of origin where the products have been submitted before the said final date.

Article 29
Submission of proof of origin
Proofs of origin shall be submitted to the customs authorities of the importing country in accordance with the procedures applicable in that country. The said authorities may require a translation of a proof of origin and may also require the import declaration to be accompanied by a statement from the importer to the effect that the products meet the conditions required for the implementation of the Decision.

Article 30
Importation by instalments
Where, at the request of the importer and on the conditions laid down by the customs authorities of the importing country, dismantled or non-assembled products within the meaning of General Rule 2(a) of the Harmonised System falling within Sections XVI and XVII or tariff headings 7308 and 9406 of the Harmonised System are imported by instalments, a single proof of origin for such products shall be submitted to the customs authorities upon importation of the first instalment.

Article 31
Exemptions from proof of origin 1. Products sent as small packages from private persons to private persons or forming part of travellers’ personal luggage shall be admitted as originating products without requiring the submission of a proof of origin, provided that such products are not imported by way of trade and have been declared as meeting the requirements of this Annex and where there is no doubt as to the veracity of such a declaration. In the case of products sent by post, this declaration can be made on the customs declaration CN22/CN23 or on a sheet of paper annexed to that document. 2. Imports which are occasional and consist solely of products for the personal use of the recipients or travellers or their families shall not be considered as imports by way of trade if it is evident from the nature and quantity of the products that no commercial purpose is in view. 3. Furthermore, the total value of these products shall not exceed 500 EUR in the case of small packages or 1 200 EUR in the case of products forming part of travellers’ personal luggage.

Article 32
Information procedure for cumulation purposes 1. For the purpose of Article 2(2) and Article 7(1) of this Annex, the evidence of originating status within the meaning of this Annex of the materials coming from another OCTs or from the Union shall be given by means of a movement certificate EUR.1 or an origin declaration, or by means of a supplier’s declaration, provided by the exporter in the country from which the materials came. A specimen of a supplier’s declaration appears in Appendix VII. In cases where the supplying OCTs has implemented the Registered Exporter System but the OCTs of further processing has not, the evidence of originating status may also be provided by means of a statement on origin. 2. For the purpose of Article 2(2) and Article 7(2) of this Annex, the evidence of working or processing carried out in another OCTs or in the Union shall be given by means of a supplier’s declaration, provided by the exporter in the country from which the materials came. A specimen of the supplier’s declaration appears in Appendix VIII. 3. For the purpose of paragraphs 1 and 2, a separate supplier’s declaration shall be given by the supplier for each consignment of materials on the commercial invoice related to that shipment or in an annex to that invoice, or on a delivery note or other commercial document related to that shipment which describes the materials concerned in sufficient detail to enable them to be identified.
The supplier’s declaration may be made out on a pre-printed form.
The suppliers’ declarations shall be signed in manuscript. However, where the invoice and the supplier’s declaration are established using electronic data-processing methods, the supplier’s declaration need not be signed in manuscript, provided that the responsible officer in the supplying company is identified to the satisfaction of the customs authorities in the country or territory where the suppliers’ declarations were established. The said customs authorities may lay down conditions for the implementation of this paragraph.
The supplier’s declarations are submitted to the competent customs office in the exporting OCTs requested to issue the movement certificate EUR.1. 4. When Articles 8 and 10 are applied, the evidence of originating status in accordance with the provisions of the relevant free trade agreement between the Union and the country concerned shall be given by the proofs of origin established by the relevant free trade agreement. 5. When Article 9 is applied, the evidence of originating status in accordance with the provisions laid down in Commission Regulation (EEC) No 2454/93 (4) shall be given by the proofs of origin established by the same Regulation. 6. In the cases referred to in paragraphs 1, 2, 4 and 5, Box 7 of movement certificate EUR.1 or the origin declaration or the statement on origin shall, where appropriate, contain the indication ‘OCTs cumulation’, ‘EU cumulation’, ‘EPA cumulation’, ‘cumulation with GSP country’ or ‘extended cumulation with country x’ or ‘Cumul PTOM’, ‘Cumul UE’, ‘cumul avec pays APE’, ‘cumul avec pays SPG’ or ‘cumul étendu avec le pays x’.

Article 33
Supporting documents
The documents referred to in Article 22(3) and Article 26(3), used for the purpose of proving that products covered by a movement certificate EUR.1 or an origin declaration can be considered as products originating in an OCTs or in the Union or in an EPA country, and fulfil the other requirements of this Annex, may consist, inter alia, of the following:
(a) direct evidence of the processes carried out by the exporter or supplier to obtain the goods concerned, contained for example in his accounts or internal bookkeeping;
(b) documents proving the originating status of materials used, issued or made out in an OCTs, or in the Union or in an EPA State where these documents are used in accordance with domestic law;
(c) documents proving the working or processing of materials in the OCTs, in the Union, or in an EPA country, issued or made out in an OCTs, in the Union or in an EPA country, where these documents are used in accordance with domestic law;
(d) movement certificates EUR.1 or origin declarations proving the originating status of materials used, issued or made out in the OCTs, in the Union or in an EPA country and in accordance with this Annex.

Article 34
Preservation of proof of origin and supporting documents 1. The exporter applying for the issue of a movement certificate EUR.1 shall keep for at least three years the documents referred to in Article 22(3). 2. The exporter making out an origin declaration shall keep for at least three years a copy of this origin declaration as well as the documents referred to in Article 26(3). 3. The customs authorities of the exporting OCTs issuing a movement certificate EUR.1 shall keep for at least three years the application form referred to in Article 22(2). 4. The customs authorities of the importing country shall keep for at least three years the movement certificates EUR.1 and the origin declarations submitted to them.

Article 35
Discrepancies and formal errors 1. The discovery of slight discrepancies between the statements made in the proof of origin and those made in the documents submitted to the customs office for the purpose of carrying out the formalities for importing the products shall not ipso facto render the proof of origin null and void if it is duly established that this document does correspond to the products submitted. 2. Obvious formal errors such as typing errors on a proof of origin should not cause this document to be rejected if these errors are not such as to create doubts concerning the correctness of the statements made in this document.

Section 3

Procedures for the registered exporter system

Sub-section 1

Procedures at export in the oct

Article 36
General requirements
Benefits from this Decision shall apply in the following cases:
(a) in cases of goods satisfying the requirements of this Annex exported by a registered exporter referred to in Article 38;
(b) in cases of any consignment of one or more packages containing originating products exported by any exporter, where the total value of the originating products consigned does not exceed EUR 10 000.
Article 37
Record of registered exporters 1. The competent authorities of the OCTs shall establish and keep up to date at all times an electronic record of registered exporters located in that country. The record shall be immediately updated where an exporter is withdrawn from the register in accordance with Article 41(2) of this Annex. 2. The record shall contain the following information:
(a) name and full address of the place where the registered exporter is established/resides, including the identifier of the country or territory (ISO alpha 2 country code);
(b) number of the registered exporter;
(c) products intended to be exported under this Decision (indicative list of Harmonised System chapters or headings as considered appropriate by the applicant);
(d) dates as from and until when the exporter is/was registered;
(e) the reason for withdrawal (registered exporter’s request/withdrawal by competent authorities). This data shall only be available to competent authorities. 3. The competent authorities of the OCTs shall notify the Commission of the national numbering system used for designating registered exporters. The number shall begin with an ISO alpha 2 country code.

Article 38
Request for registration
To be registered, exporters shall lodge an application with the competent authorities of the OCTs referred to in Article 57(1) of this Annex, using the form a model of which is set out in Appendix XI. By the completion of the form, exporters give consent to the storage of the information provided in the database of the Commission and to the publication of non-confidential data on the internet.
The application shall be accepted by the competent authorities only if it is complete.

Article 39
Withdrawal of the registration 1. Registered exporters who no longer meet the conditions for exporting any goods benefiting from this Decision, or no longer intend to export such goods, shall inform the competent authorities in the OCTs who shall immediately remove them from the record of registered exporters kept in that OCTs. 2. Without prejudice to the system of penalties and sanctions applicable in the OCTs, where registered exporters intentionally or negligently draw up, or cause to be drawn up, a statement on origin or any supporting document which contains incorrect information which leads to irregularly or fraudulently obtaining the benefit of preferential tariff treatment, the OCTs competent authorities shall withdraw the exporter from the record of registered exporters kept by the OCTs concerned. 3. Without prejudice to the possible impact of irregularities found on pending verifications, withdrawal from the record of registered exporters shall take effect for the future, namely in respect of statements made out after the date of withdrawal. 4. Exporters who have been removed from the record of registered exporters by the competent authorities in accordance with paragraph 2 may only be re-introduced into the record of registered exporters once they have proved to the competent authorities in the OCTs that they have remedied the situation which led to their withdrawal.

Article 40
Supporting documents 1. Exporters, registered or not, shall comply with the following obligations:
(a) they shall maintain appropriate commercial accounting records for production and supply of goods qualifying for preferential treatment;
(b) they shall keep available all evidence relating to the material used in the manufacture;
(c) they shall keep all customs documentation relating to the material used in the manufacture;
(d) they shall keep for at least three years from the end of the year in which the statement on origin was made out, or more if required by national law, records of:
(i) the statements on origin they made out; and
(ii) their originating and non-originating materials, production and stock accounts. 2. The records referred to in point (d) of paragraph 1 may be electronic but shall allow the materials used in the manufacture of the exported products to be traced and their originating status to be confirmed. 3. The obligations provided for in paragraphs 1 and 2 shall also apply to suppliers who provide exporters with supplier’s declarations certifying the originating status of the goods they supply.

Article 41
Proof of origin 1. A statement on origin shall be made out by the exporter when the products to which it relates are exported, if the goods concerned can be considered as originating in the OCTs. 2. By derogation from paragraph 1, a statement on origin may exceptionally be made out after exportation (retrospective statement) on condition that it is presented in the Member State of declaration for release for free circulation no longer than two years after the export. Where the splitting of a consignment takes place in accordance with Article 18 of this Annex, the statement on origin may also be made out retrospectively. 3. The statement on origin shall be provided by the exporter to his customer in the Union and shall contain the particulars specified in Appendix XII. A statement on origin shall be made out in either English or French.
It may be made out on any commercial document allowing to identify the exporter concerned and the goods involved. 4. When cumulation under Articles 2 and 7 of this Annex applies, the exporter of a product, in the manufacture of which materials originating in an OCTs or in the Union are used, shall rely on the statement on origin provided by its supplier. In cases where the supplier is established in an OCTs that has not yet implemented the Registered Exporter System, the exporter in the OCTs of further processing may also rely on a movement certificate EUR.1, an origin declaration or a supplier’s declaration. 5. In these cases, the statement on origin made out by the exporter shall, as the case may be, contain the indication ‘EU cumulation’, ‘OCTs cumulation’ or ‘Cumul UE’, ‘cumul PTOM’. 6. When Articles 8 and 10 of this Annex are applied, the evidence of originating status, in accordance with the provisions of the relevant free trade agreement between the Union and the country concerned, shall be satisfied on the basis of the proofs of origin established by the relevant free trade agreement.
In this case, the statement on origin made out by the exporter shall contain the indication ‘cumulation with EPA country’ or ‘extended cumulation with country x’ or ‘cumul avec pays APE’ or ‘cumul étendu avec le pays x’. 7. When cumulation of Article 9 of this Annex applies, the evidence of originating status established in accordance with the provisions laid down in Regulation (EEC) No 2454/93, shall be given by the proofs of origin established by the same Regulation.
In this case, the statement on origin made out by the exporter shall contain the indication ‘cumulation with GSP country’ or ‘cumul avec pays SPG’.

Article 42
Submission of a proof of origin 1. A statement on origin shall be made out for each consignment. 2. A statement on origin shall be valid for 12 months from the date of its making out by the exporter. 3. A single statement on origin may cover several consignments if the goods meet the following conditions:
(a) they are dismantled or non-assembled products within the meaning of general rule 2(a) of the Harmonised System;
(b) they fall within Section XVI or XVII or heading 7308 or 9406 of the Harmonised System; and
(c) they are intended to be imported by instalments.

Sub-section 2

Procedures at release for free circulation in the union

Article 43
Submission of proof of origin 1. The customs declaration for release for free circulation shall make reference to the statement on origin. The statement on origin shall be kept at the disposal of the customs authorities, which may request its submission for the verification of the declaration. Those authorities may also require a translation of the statement into the official language, or one of the official languages, of the Member State concerned. 2. Where the application of the benefits from this Decision is requested by the declarant, without a statement on origin being in his possession at the time of the acceptance of the customs declaration for release for free circulation, that declaration shall be considered as being incomplete within the meaning of Article 253(1) of Regulation (EEC) No 2454/93 and treated accordingly. 3. Before declaring goods for release for free circulation, the declarant shall take due care that the goods comply with the rules in this Annex by, in particular, checking:
(a) in the database referred to in Article 58 of this Annex that the exporter is registered to make statements on origin, except where the total value of the originating products consigned does not exceed EUR 10 000; and
(b) that the statement on origin is made out in accordance with Appendix XII.

Article 44
Exemption from proof of origin 1. The following products shall be exempted from the obligation to make out and produce a statement on origin:
(a) products sent as small packages from private persons to private persons, the total value of which does not exceed EUR 500;
(b) products forming part of travellers’ personal luggage, the total value of which does not exceed EUR 1 200. 2. The products referred to in paragraph 1 shall meet the following conditions:
(a) they are not imported by way of trade;
(b) they have been declared as meeting the conditions for benefiting from this Decision;
(c) there is no doubt as to the veracity of the declaration referred to in point (b). 3. For the purposes of point (a) of paragraph 2, imports shall not be considered as imports by way of trade if all the following conditions are met:
(a) the imports are occasional;
(b) the imports consist solely of products for the personal use of the recipients or travellers or their families;
(c) it is evident from the nature and quantity of the products that no commercial purpose is in view.

Article 45
Discrepancies and formal errors 1. The discovery of slight discrepancies between the particulars included in a statement on origin and those mentioned in the documents submitted to the customs authorities for the purpose of carrying out the formalities for importing the products shall not ipso facto render the statement on origin null and void if it is duly established that that document does correspond to the products concerned. 2. Obvious formal errors such as typing errors on a statement on origin shall not cause this document to be rejected if these errors are not such as to create doubts concerning the correctness of the statements made in that document.

Article 46
Validity of proof of origin
Statements on origin which are submitted to the customs authorities of the importing country after the period of validity mentioned in Article 41(2) of this Annex may be accepted for the purpose of applying the tariff preferences, where failure to submit these documents by the final date set is due to exceptional circumstances. In other cases of belated presentation, the customs authorities of the importing country may accept the statements on origin where the products have been presented to customs before the said final date.

Article 47
Procedure for importation by instalments 1. The procedure referred to in Article 42(3) of this Annex shall apply for a period determined by the customs authorities of the Member States. 2. The customs authorities of the Member States of importation supervising the successive releases for free circulation shall verify that the successive consignments are part of the dismantled or non-assembled products for which the statement on origin has been made out.

Article 48
Replacement of a statement of origin 1. Where products have not yet been released for free circulation, a statement on origin may be replaced by one or more replacement statements on origin, made out by the holder of the goods, for the purpose of sending all or some of the products elsewhere within the customs territory of the Union. For the purpose of being entitled to make out replacement statements on origin, holders of the goods need not be registered exporters themselves. 2. Where a statement on origin is replaced, the original statement on origin shall indicate the following:
(a) the particulars of the replacement statement(s) on origin;
(b) the names and addresses of the consignor;
(c) the consignee(s) in the Union.
The original statement on origin shall be marked as ‘Replaced’ or ‘Remplacée’, as the case may be. 3. On the replacement statement on origin the following shall be indicated:
(a) all particulars of the re-consigned products;
(b) the date on which the original statement on origin was made out;
(c) all the necessary details to be mentioned, as specified under Appendix XII;
(d) the name and address of the consignor of the products in the Union;
(e) the name and address of the consignee in the Union;
(f) the date and place of the replacement.
The person making out the replacement statement on origin may attach a copy of the initial statement on origin to the replacement statement on origin. 4. Paragraphs 1, 2 and 3 shall apply mutatis mutandis to statements replacing statements on origin that are themselves replacement statements on origin. 5. Paragraphs 1, 2 and 3 shall apply mutatis mutandis to statements replacing statements on origin further to the splitting of a consignment carried out in accordance with Article 18 of this Annex.

Article 49
Verification of statements of origin 1. The customs authorities may, where they have doubts with regard to the originating status of the products request the declarant to produce, within a reasonable time period which they shall specify, any available evidence for the purpose of verifying the accuracy of the indication on origin of the declaration or the compliance with the conditions provided for in Article 18 of this Annex. 2. The customs authorities may suspend the application of the preferential tariff measure for the duration of the verification procedure laid down in Article 64 of this Annex where:
(a) the information provided by the declarant is not sufficient to confirm the originating status of the products or the compliance with the conditions laid down in Article 17(2) or Article 18 of this Annex;
(b) the declarant does not reply within the time period allowed for provision of the information referred to in paragraph 1. 3. While awaiting either the information requested from the declarant referred to in paragraph 1, or the results of the verification procedure referred to in paragraph 2, release of the products shall be offered to the importer subject to any precautionary measures deemed necessary.

Article 50
Denial of preferences 1. The customs authorities of the Member State of importation shall refuse entitlement to the benefits of this Decision, without being obliged to request any additional evidence or send a request for verification to the OCTs where:
(a) the goods are not the same as those mentioned in the statement on origin;
(b) the declarant fails to submit a statement on origin for the products concerned, where such a statement is required;
(c) without prejudice to point (b) of Article 36 and to Article 44(1) of this Annex, the statement on origin in possession of the declarant has not been made out by an exporter registered in the OCTs;
(d) the statement on origin is not made out in accordance with Appendix XII;
(e) the conditions of Article 18 of this Annex are not met. 2. The customs authorities of the Member State of importation shall refuse entitlement to the benefits of this Decision, following a request for verification within the meaning of Article 60 of this Annex addressed to the competent authorities of the OCTs, where the customs authorities of the Member State of importation:
(a) have received a reply according to which the exporter was not entitled to make out the statement on origin;
(b) have received a reply according to which the products concerned are not originating in the OCTs concerned or the conditions of Article 17(2) of this Annex were not met;
(c) had reasonable doubt as to the validity of the statement on origin or the accuracy of the information provided by the declarant regarding the true origin of the products in question when they made the request for verification; and
(i) have received no reply within the time period permitted in accordance with Article 60 of this Annex; or
(ii) have received a reply not providing adequate answers to the questions raised in the request.
TITLE V
ARRANGEMENTS FOR ADMINISTRATIVE COOPERATION

Section 1

General

Article 51
General Principles 1. In order to ensure the proper application of the preferences, OCTs shall:
(a) put in place and to maintain the necessary administrative structures and systems required for the implementation and management in that country of the rules and procedures laid down in this Annex, including where appropriate the arrangements necessary for the application of cumulation;
(b) cooperate, through their competent authorities with the Commission and the customs authorities of the Member States. 2. The cooperation referred to in point (b) of paragraph 1 shall consist of:
(a) providing all necessary support in the event of a request by the Commission for the monitoring by it of the proper implementation of this Annex in the country concerned, including verification visits on the spot by the Commission or the customs authorities of the Member States;
(b) without prejudice to Articles 49, 50, 55 and 56 of this Annex, verifying the originating status of products and the compliance with the other conditions laid down in this Annex, including verification visits on the spot, where requested by the Commission or the customs authorities of the Member States in the context of origin investigations;
(c) where the verification procedure or any other available information appears to indicate that the provisions of this Annex are being contravened, the OCTs on its own initiative or at the request of the Commission or the customs authorities of the Member States shall carry out appropriate enquiries or arrange for such enquiries to be carried out with due urgency to identify and prevent such contraventions. The Commission and the customs authorities of the Member States may participate in the enquiries. 3. OCTs shall submit to the Commission, before 1 January 2015, a formal undertaking to comply with the requirements of paragraph 1.
Article 52
Publication requirements and compliance 1. The Commission shall publish in the Official Journal of the European Union (C Series) the list of OCTs and the date on which they are considered to meet the conditions referred to in Articles 51 and 54, or in Article 57 of this Annex. The Commission shall update this list when a new OCTs fulfils the same conditions. 2. Products originating within the meaning of this Annex in an OCTs shall benefit, on release for free circulation in the Union, from the tariff preferences only on condition that they were exported on or after the date specified in the list referred to in paragraph 1. 3. An OCTs shall be considered to comply with Articles 51 and 54, or Article 57 of this Annex on the date on which it has:
(a) made the notification referred to in Article 54(1) or 57(1) of this Annex and, when relevant, Article 54(2) of this Annex and,
(b) submitted the undertaking referred to in Article 51(3) of this Annex. 4. For the implementation of Section 3 of Title IV and Section 3 of Title V of this Annex, OCTs shall submit the information referred to in Article 57(1)(b) of this Annex to the Commission at least three months before the actual application in their territories of the registered exporter system.

Article 53
Penalties
Penalties shall be imposed on any person who draws up, or causes to be drawn up, a document which contains incorrect information for the purpose of obtaining a preferential treatment for products.

Section 2

Methods of administrative cooperation before the application of the registered exporter system

Article 54
Communication of stamps and addresses 1. The OCTs shall notify to the Commission the names and addresses of the authorities situated in their territory which are:
(a) part of the governmental authorities of the country concerned and empowered to support the Commission and the customs authorities of the Member States through the administrative cooperation as provided for in this Title;
(b) customs authorities competent to issue movement certificates EUR.1 and carry out the subsequent verification of movement certificates EUR.1 and origin declarations; 2. OCTs shall send to the Commission specimens of the stamps used. 3. The OCTs shall inform the Commission immediately of any changes to the information notified under paragraphs 1 and 2. 4. The Commission shall send this information to the customs authorities of the Member States.

Article 55
Verification of proofs of origin 1. Subsequent verifications of proofs of origin shall be carried out at random or whenever the customs authorities of the importing country have reasonable doubts as to the authenticity of such documents, the originating status of the products concerned or the fulfilment of the other requirements of this Annex. 2. For the purposes of implementing paragraph 1, the customs authorities of the importing country shall return the movement certificate EUR.1 and the invoice, if it has been submitted, the origin declaration, or a copy of these documents, to the customs authorities of the exporting country or territory giving, where appropriate, the reasons for the enquiry. Any documents and information obtained suggesting that the information given on the proof or origin is incorrect shall be forwarded in support of the request for verification. 3. The verification shall be carried out by the customs authorities of the exporting country or territory. For this purpose, they shall have the right to call for any evidence and to carry out any inspection of the exporter’s accounts or any other check considered appropriate. 4. If the customs authorities of the importing country decide to suspend the granting of preferential treatment to the products concerned while awaiting the results of the verification, release of the products shall be offered to the importer subject to any precautionary measures deemed necessary. 5. The customs authorities requesting the verification shall be informed of the results of this verification as soon as possible. These results must indicate clearly whether the documents are authentic and whether the products concerned can be considered as products originating in an OCTs, in the Union or in an EPA country and fulfil the other requirements of this Annex. 6. If in cases of reasonable doubt there is no reply within 10 months of the date of the verification request or if the reply does not contain sufficient information to determine the authenticity of the document in question or the real origin of the products, the requesting customs authorities shall, except in exceptional circumstances, refuse entitlement to the preferences.

Article 56
Verification of suppliers’ declarations 1. Verification of suppliers’ declaration may be carried out at random or whenever the customs authorities of the importing country or territory have reasonable doubts as to the authenticity of the document or the accuracy or completeness of the information concerning the true origin of the materials in question. 2. The customs authorities to which a supplier’s declaration is submitted may request the customs authorities of the country or territory where the declaration was made to issue an information certificate, a specimen of which appears in Appendix IX. Alternatively, the customs authorities to which a supplier’s declaration is submitted may request the exporter to produce an information certificate issued by the customs authorities of the country or territory where the declaration was made.
A copy of the information certificate shall be preserved by the office which has issued it for at least three years. 3. The requesting customs authorities shall be informed of the results of the verification as soon as possible. The results must be such as to indicate positively whether the declaration concerning the status of the materials is correct. 4. For the purpose of verification, suppliers shall keep for not less than three years a copy of the document containing the declaration together with all necessary evidence showing the true status of the materials. 5. The customs authorities in the country or territory where the supplier’s declaration is established shall have the right to call for any evidence or to carry out any check which they consider appropriate in order to verify the correctness of any supplier’s declaration. 6. Any movement certificate EUR.1 issued or made out on the basis of an incorrect supplier’s declaration shall be considered null and void.

Section 3

Methods of administrative cooperation applicable for the registered exporter system

Article 57
Communication of stamps and addresses 1. The OCTs shall notify to the Commission the names and addresses of the authorities situated in their territory which are:
(a) part of the governmental authorities of the country concerned and empowered to support the Commission and the customs authorities of the Member States through the administrative cooperation as provided for in this Title;
(b) part of the governmental authorities of the country concerned, or act under the authority of the government, and empowered to register exporters and to withdraw them from the record of registered exporters. 2. The OCTs shall inform the Commission immediately of any changes to the information notified under paragraphs 1 and 2. 3. The Commission shall send this information to the customs authorities of the Member States.

Article 58
Establishment of a database of registered exporters 1. The Commission shall establish an electronic database of registered exporters on the basis of the information supplied by the governmental authorities of OCTs and the customs authorities of Member States. 2. Only the Commission shall have an access to the database and the data contained therein. The authorities referred to in paragraph 1 shall ensure that data communicated to the Commission are kept up to date, and are complete and accurate. 3. The data processed in the database referred to in paragraph 1 of this Article shall be disclosed to the public via the internet, with the exception of the confidential information contained in boxes 2 and 3 of the application to become a registered exporter referred to in Article 28 of this Annex. 4. Personal data processed in the database referred to in paragraph 1 shall be transferred or made available to third countries or international organisations only in accordance with Article 9 of Regulation (EC) No 45/2001 of the European Parliament and of the Council (5). 5. This Decision shall in no way affect the level of protection of individuals with regard to the processing of personal data under the provisions of Union and national law, and in particular does not alter either the obligations of Member States relating to their processing of personal data under Directive 95/46/EC of the European Parliament and of the Council (6) or the obligations of the Union institutions and bodies relating to their processing of personal data under Regulation (EC) No 45/2001 when fulfilling their responsibilities. 6. Identification and registration data of exporters, constituted by the set of data listed in points 1, 3 (relating to description of activities), 4 and 5 of Appendix XI shall be published by the Commission on the internet only if the exporters concerned have freely given prior specific and informed written consent. 7. Exporters shall be provided with the information laid down in Article 11 of Regulation (EC) No 45/2001. 8. The rights of persons with regard to their registration data listed in Appendix XI and processed in national systems shall be exercised in accordance with the law of the Member State which stored their personal data implementing Directive 95/46/EC. 9. The rights of persons with regard to the processing of personal data in the central database referred to in paragraphs 1 to 4 shall be exercised in accordance with Regulation (EC) No 45/2001. 10. The national supervisory data protection authorities and the European Data Protection Supervisor, each acting within the scope of their respective competences, shall cooperate actively and ensure coordinated supervision of the database referred to in paragraphs 1 to 4.
Article 59
Control of origin 1. For the purpose of ensuring compliance with the rules concerning the originating status of products, the competent authorities of the OCTs shall carry out:
(a) verifications of the originating status of products at the request of the customs authorities of the Member States;
(b) regular controls on exporters on their own initiative.
Extended cumulation shall only be permitted under Article 10 of this Annex, if a country with which the Union has a free trade agreement in force has agreed to provide the OCTs with its support in matters of administrative cooperation in the same way as it would provide such support to the customs authorities of the Member States in accordance with the relevant provisions of the free trade agreement concerned. 2. The controls referred to in point (b) of paragraph 1 shall ensure the continued compliance of exporters with their obligations. They shall be carried out at intervals determined on the basis of appropriate risk analysis criteria. For that purpose, the competent authorities of the OCTs shall require exporters to provide copies or a list of the statements on origin they have made out. 3. The competent authorities of the OCTs shall have the right to call for any evidence and to carry out any inspection of the exporter’s accounts and, where appropriate, those of producers supplying the exporter, including at the premises, or any other check considered appropriate.

Article 60
Verifications of proof of origin 1. Subsequent verifications of statements on origin shall be carried out at random or whenever the customs authorities of the Member States have reasonable doubts as to their authenticity, the originating status of the products concerned or the fulfilment of other requirements of this Annex.
Where the customs authorities of a Member State request the cooperation of the competent authorities of an OCTs to carry out a verification of the validity of statements on origin, the originating status of products, or of both, it shall, where appropriate, indicate on its request the reasons why it has reasonable doubts on the validity of the statement on origin or the originating status of the products.
A copy of the statement on origin and any additional information or documents suggesting that the information given on that statement is incorrect may be forwarded in support of the request for verification.
The requesting Member State shall set a six-month initial deadline to communicate the results of the verification, starting from the date of the verification request. 2. If in cases of reasonable doubt there is no reply within the period specified in paragraph 1, or if the reply does not contain sufficient information to determine the real origin of the products, a second communication shall be sent to the competent authorities. This communication shall set a further deadline of not more than six months.

Article 61
Other provisions 1. Section III of this Title and Section III of Title VI shall apply mutatis mutandis to:
(a) exports from the Union to an OCTs for the purpose of bilateral cumulation;
(b) exports from one OCTs to another for the purpose of OCTs cumulation as provided for in Article 2(2) of this Annex. 2. Union exporters shall be considered by the customs authority of a Member State at their request as registered exporters for the purposes of the benefits from this Decision where they fulfil the following conditions:
(a) they have an EORI number in accordance with Articles 4k to 4t of Regulation (EEC) No 2454/93;
(b) they have the status of ‘approved exporter’ under a preferential arrangement;
(c) they provide in their request addressed to the customs authority of the Member State the following data set out in the form a model of which appears in Appendix XI:
(i) the details set out in boxes 1 and 4;
(ii) the undertaking set out in box 5. TITLE VI
CEUTA AND MELILLA

Article 62 1. The provisions of this Annex concerning the issue, use and subsequent verification of proofs of origin shall apply mutatis mutandis to products exported from an OCTs to Ceuta and Melilla and to products exported from Ceuta and Melilla to an OCTs for the purposes of bilateral cumulation. 2. Ceuta and Melilla shall be considered as a single territory. 3. The Spanish customs authorities shall be responsible for the application of this Annex in Ceuta and Melilla.
TITLE VII
FINAL PROVISIONS

Article 63
Derogation to the registered exporter system 1. By way of derogation from the registered exporter system, the Commission may adopt decisions allowing to apply Articles 21 to 35 and Articles 54, 55 and 56 of this Annex on exports from one or several OCTs after 1 January 2017. The derogation shall be limited to the duration necessary for the OCTs concerned to be in a position to apply Articles 38 to 50 and Articles 57 to 61 of this Annex. 2. The OCTs wishing to take advantage of the derogation provided for in paragraph 1 shall address a request to the Commission. The request shall indicate the time needed until the OCTs concerned is considered to be in a position to apply Articles 38 to 50 and Articles 57 to 61 of this Annex. 3. The Commission shall adopt a measure granting a temporary derogation referred to in paragraph 1 by means of implementing acts. Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 64(2).

Article 64
Committee procedures 1. The Commission shall be assisted by the Customs Code Committee established by Article 247a of Regulation (EEC) No 2913/92. 2. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 of the European Parliament and of the Council (7) shall apply.

Article 65
Application 1. This Annex shall apply from 1 January 2014. 2. Point (b) of Article 52(3) of this Annex shall apply from 1 January 2015. 3. Point (b) of Article 8(3) of this Annex shall apply until 30 September 2015. 4. Articles 21 to 35 and Articles 54, 55 and 56 of this Annex shall apply until 31 December 2016. 5. Articles 38 to 50 and Articles 57 to 61 of this Annex shall apply from 1 January 2017.
(1) Regulation (EU) No 978/2012 of the European Parliament and of the Council of 25 October 2012 applying a scheme of generalised tariff preferences and repealing Council Regulation (EC) No 732/2008 (OJ L 303, 31.10.2012, p. 1).
(2) Articles 17 and 18 of Regulation (EU) No 978/2012.
(3) Point (a) of Article 1(2) of Regulation (EU) No 978/2012. Materials that benefit from duty free treatment by virtue of the special incentive arrangement for sustainable development and good governance, provided in point (b) of Article 1(2) of Regulation (EU) No 978/2012, but not under the general arrangement provided for in point (a) of Article 1(2) of that Regulation, are not covered by this provision.
(4) Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code (OJ L 253, 11.10.1993, p. 1).
(5) Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).
(6) Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281, 23.11.1995, p. 31).
(7) Regulation (EU) No 182/2011 of the European Parliament and of the Council of 16 February 2011 laying down the rules and general principles concerning mechanisms for control by Member States of the Commission’s exercise of implementing powers (OJ L 55, 28.2.2011, p. 13).

Introductory notes

Appendix INote 1 — General introductionThis Annex lays down the conditions pursuant to Article 4 of this Annex under which products shall be considered to originate in the OCTs concerned. There are four different types of rules, which vary according to the product:

(a) | through working or processing a maximum content of non-originating materials is not exceeded;
(b) | through working or processing the 4-digit Harmonised System heading or 6-digit Harmonised System sub-heading of the manufactured products becomes different from the 4-digit Harmonised System heading or 6-digit sub-heading respectively of the materials used;
(c) | a specific working and processing operation is carried out;
(d) | working or processing is carried out on certain wholly obtained materials.Note 2 — The structure of the list

2.1. | Columns 1 and 2 describe the product obtained. Column 1 gives the chapter number, 4-digit heading or 6-digit sub-heading number used in the Harmonised System, as appropriate. Column 2 gives the description of goods used in that system for that heading or chapter. For each entry in columns 1 and 2, subject to Note 2.4, one or more rules (‘qualifying operations’) are set out in column 3. These qualifying operations concern only non-originating materials. Where, in some cases, the entry in column 1 is preceded by ‘ex’, this signifies that the rule in column 3 applies only to the part of that heading as described in column 2.
2.2. | Where several Harmonised System headings or sub-headings are grouped together in column 1 or a chapter number is given and the description of products in column 2 is therefore given in general terms, the adjacent rule in column 3 applies to all products which, under the Harmonised System, are classified in headings of the chapter or in any of the headings or sub-headings grouped together in column 1.
2.3. | Where there are different rules in the list applying to different products within a heading, each indent contains the description of that part of the heading covered by the adjacent rule in column 3.
2.4. | Where two alternative rules are set out in column 3, separated by ‘or’, it is at the choice of the exporter which one to use.Note 3 — Examples of how to apply the rules

3.1. | Article 4(2) of this Annex, concerning products having acquired originating status which are used in the manufacture of other products, shall apply, regardless of whether this status has been acquired inside the factory where these products are used or in another factory in the OCTs or in the Union.
3.2. | Pursuant to Article 5 of this Annex, the working or processing carried out must go beyond the list of operations referred to in that Article. If it does not, the goods shall not qualify for the granting of the benefit of preferential tariff treatment, even if the conditions set out in the list below are met.Subject to the provision referred to in the first subparagraph, the rules in the list represent the minimum amount of working or processing required, and the carrying-out of more working or processing also confers originating status; conversely, the carrying-out of less working or processing cannot confer originating status. Thus, if a rule provides that non-originating material, at a certain level of manufacture, may be used, the use of such material at an earlier stage of manufacture is allowed, and the use of such material at a later stage is not.
3.3. | Without prejudice to Note 3.2, where a rule uses the expression ‘Manufacture from materials of any heading’, then materials of any heading(s) (even materials of the same description and heading as the product) may be used, subject, however, to any specific limitations which may also be contained in the rule.However, the expression ‘Manufacture from materials of any heading, including other materials of heading …’ or ‘Manufacture from materials of any heading, including other materials of the same heading as the product’ means that materials of any heading(s) may be used, except those of the same description as the product as given in column 2 of the list.
3.4. | When a rule in the list specifies that a product may be manufactured from more than one material, this means that one or more materials may be used. It does not require that all be used.
3.5. | Where a rule in the list specifies that a product must be manufactured from a particular material, the rule does not prevent the use also of other materials which, because of their inherent nature, cannot satisfy this condition.Note 4 — General provisions concerning certain agricultural goods

4.1. | Agricultural goods falling within Chapters 6, 7, 8, 9, 10, 12 and heading 2401 which are grown or harvested in the territory of an OCTs shall be treated as originating in the territory of that country, even if grown from seeds, bulbs, rootstock, cuttings, grafts, shoots, buds, or other live parts of plants imported from another country.
4.2. | In cases where the content of non-originating sugar in a given product is subject to limitations, the weight of sugars of headings 1701 (sucrose) and 1702 (e.g., fructose, glucose, lactose, maltose, isoglucose or invert sugar) used in the manufacture of the final product and used in the manufacture of the non-originating products incorporated in the final product is taken into account for the calculation of such limitations.Note 5 — Terminology used in respect of certain textile products

5.1. | The term ‘natural fibres’ is used in the list to refer to fibres other than artificial or synthetic fibres. It is restricted to the stages before spinning takes place, including waste, and, unless otherwise specified, includes fibres which have been carded, combed or otherwise processed, but not spun.
5.2. | The term ‘natural fibres’ includes horsehair of heading 0503 , silk of headings 5002 and 5003 , as well as wool-fibres and fine or coarse animal hair of headings 5101 to 5105 , cotton fibres of headings 5201 to 5203 , and other vegetable fibres of headings 5301 to 5305 .
5.3. | The terms ‘textile pulp’, ‘chemical materials’ and ‘paper-making materials’ are used in the list to describe the materials, not classified in Chapters 50 to 63, which can be used to manufacture artificial, synthetic or paper fibres or yarns.
5.4. | The term ‘man-made staple fibres’ is used in the list to refer to synthetic or artificial filament tow, staple fibres or waste, of headings 5501 to 5507 .Note 6 — Tolerances applicable to products made of a mixture of textile materials

6.1. | Where, for a given product in the list, reference is made to this Note, the conditions set out in column 3 shall not be applied to any basic textile materials used in the manufacture of this product and which, taken together, represent 10 % or less of the total weight of all the basic textile materials used. (See also Notes 6.3 and 6.4)
6.2. | However, the tolerance mentioned in Note 6.1 may be applied only to mixed products which have been made from two or more basic textile materials.The following are the basic textile materials:—silk;—wool;—coarse animal hair;—fine animal hair;—horsehair;—cotton;—paper-making materials and paper;—flax;—true hemp;—jute and other textile bast fibres;—sisal and other textile fibres of the genus Agave;—coconut, abaca, ramie and other vegetable textile fibres;—synthetic man-made filaments;—artificial man-made filaments;—current-conducting filaments;—synthetic man-made staple fibres of polypropylene;—synthetic man-made staple fibres of polyester;—synthetic man-made staple fibres of polyamide;—synthetic man-made staple fibres of polyacrylonitrile;—synthetic man-made staple fibres of polyimide;—synthetic man-made staple fibres of polytetrafluoroethylene;—synthetic man-made staple fibres of poly(phenylene sulphide);—synthetic man-made staple fibres of poly(vinyl chloride);—other synthetic man-made staple fibres;—artificial man-made staple fibres of viscose;—other artificial man-made staple fibres;—yarn made of polyurethane segmented with flexible segments of polyether, whether or not gimped;—yarn made of polyurethane segmented with flexible segments of polyester, whether or not gimped;—products of heading 5605 (metallised yarn) incorporating strip consisting of a core of aluminium foil or of a core of plastic film whether or not coated with aluminium powder, of a width not exceeding 5 mm, sandwiched by means of a transparent or coloured adhesive between two layers of plastic film;—other products of heading 5605 ;—glass fibres;—metal fibres.Example:A yarn, of heading 5205 , made from cotton fibres of heading 5203 and synthetic staple fibres of heading 5506 , is a mixed yarn. Therefore, non-originating synthetic staple fibres which do not satisfy the origin rules may be used, provided that their total weight does not exceed 10 % of the weight of the yarn.Example:A woollen fabric, of heading 5112 , made from woollen yarn of heading 5107 and synthetic yarn of staple fibres of heading 5509 , is a mixed fabric. Therefore, synthetic yarn which does not satisfy the origin rules, or woollen yarn which does not satisfy the origin rules, or a combination of the two, may be used, provided that their total weight does not exceed 10 % of the weight of the fabric.Example:Tufted textile fabric, of heading 5802 , made from cotton yarn of heading 5205 and cotton fabric of heading 5210 , is only a mixed product if the cotton fabric is itself a mixed fabric made from yarns classified in two separate headings, or if the cotton yarns used are themselves mixtures.Example:If the tufted textile fabric concerned had been made from cotton yarn of heading 5205 and synthetic fabric of heading 5407 , then, obviously, the yarns used are two separate basic textile materials and the tufted textile fabric is, accordingly, a mixed product. | — | silk; | — | wool; | — | coarse animal hair; | — | fine animal hair; | — | horsehair; | — | cotton; | — | paper-making materials and paper; | — | flax; | — | true hemp; | — | jute and other textile bast fibres; | — | sisal and other textile fibres of the genus Agave; | — | coconut, abaca, ramie and other vegetable textile fibres; | — | synthetic man-made filaments; | — | artificial man-made filaments; | — | current-conducting filaments; | — | synthetic man-made staple fibres of polypropylene; | — | synthetic man-made staple fibres of polyester; | — | synthetic man-made staple fibres of polyamide; | — | synthetic man-made staple fibres of polyacrylonitrile; | — | synthetic man-made staple fibres of polyimide; | — | synthetic man-made staple fibres of polytetrafluoroethylene; | — | synthetic man-made staple fibres of poly(phenylene sulphide); | — | synthetic man-made staple fibres of poly(vinyl chloride); | — | other synthetic man-made staple fibres; | — | artificial man-made staple fibres of viscose; | — | other artificial man-made staple fibres; | — | yarn made of polyurethane segmented with flexible segments of polyether, whether or not gimped; | — | yarn made of polyurethane segmented with flexible segments of polyester, whether or not gimped; | — | products of heading 5605 (metallised yarn) incorporating strip consisting of a core of aluminium foil or of a core of plastic film whether or not coated with aluminium powder, of a width not exceeding 5 mm, sandwiched by means of a transparent or coloured adhesive between two layers of plastic film; | — | other products of heading 5605 ; | — | glass fibres; | — | metal fibres.
— | silk;
— | wool;
— | coarse animal hair;
— | fine animal hair;
— | horsehair;
— | cotton;
— | paper-making materials and paper;
— | flax;
— | true hemp;
— | jute and other textile bast fibres;
— | sisal and other textile fibres of the genus Agave;
— | coconut, abaca, ramie and other vegetable textile fibres;
— | synthetic man-made filaments;
— | artificial man-made filaments;
— | current-conducting filaments;
— | synthetic man-made staple fibres of polypropylene;
— | synthetic man-made staple fibres of polyester;
— | synthetic man-made staple fibres of polyamide;
— | synthetic man-made staple fibres of polyacrylonitrile;
— | synthetic man-made staple fibres of polyimide;
— | synthetic man-made staple fibres of polytetrafluoroethylene;
— | synthetic man-made staple fibres of poly(phenylene sulphide);
— | synthetic man-made staple fibres of poly(vinyl chloride);
— | other synthetic man-made staple fibres;
— | artificial man-made staple fibres of viscose;
— | other artificial man-made staple fibres;
— | yarn made of polyurethane segmented with flexible segments of polyether, whether or not gimped;
— | yarn made of polyurethane segmented with flexible segments of polyester, whether or not gimped;
— | products of heading 5605 (metallised yarn) incorporating strip consisting of a core of aluminium foil or of a core of plastic film whether or not coated with aluminium powder, of a width not exceeding 5 mm, sandwiched by means of a transparent or coloured adhesive between two layers of plastic film;
— | other products of heading 5605 ;
— | glass fibres;
— | metal fibres.
6.3. | In the case of products incorporating ‘yarn made of polyurethane segmented with flexible segments of polyether, whether or not gimped’, the tolerance is 20 % in respect of this yarn.
6.4. | In the case of products incorporating ‘strip consisting of a core of aluminium foil or of a core of plastic film whether or not coated with aluminium powder, of a width not exceeding 5 mm, sandwiched by means of a transparent or coloured adhesive between two layers of plastic film’, the tolerance is 30 % in respect of this strip.Note 7 — Other tolerances applicable to certain textile products

7.1. | Where, in the list, reference is made to this Note, textile materials which do not satisfy the rule set out in the list in column 3 for the made-up product concerned, may be used, provided that they are classified in a heading other than that of the product and that their value does not exceed 8 % of the ex-works price of the product.
7.2. | Without prejudice to Note 7.3, materials, which are not classified within Chapters 50 to 63, may be used freely in the manufacture of textile products, whether or not they contain textiles.Example:If a rule in the list provides that, for a particular textile item (such as trousers), yarn must be used, this does not prevent the use of metal items, such as buttons, because buttons are not classified within Chapters 50 to 63. For the same reason, it does not prevent the use of slide-fasteners, even though slide-fasteners normally contain textiles.
7.3. | Where a percentage rule applies, the value of materials which are not classified within Chapters 50 to 63 must be taken into account when calculating the value of the non-originating materials incorporated.Note 8 — Definition of specific processes and simple operations carried out in respect of certain products of Chapter 27

8.1. | For the purposes of headings ex 2707 and 2713 , the ‘specific processes’ are the following:(a)vacuum-distillation;(b)redistillation by a very thorough fractionation-process(1);(c)cracking;(d)reforming;(e)extraction by means of selective solvents;(f)the process comprising all of the following operations: processing with concentrated sulphuric acid, oleum or sulphuric anhydride; neutralisation with alkaline agents; decolourisation and purification with naturally-active earth, activated earth, activated charcoal or bauxite;(g)polymerisation;(h)alkylation;(i)isomerisation. | (a) | vacuum-distillation; | (b) | redistillation by a very thorough fractionation-process(1); | (c) | cracking; | (d) | reforming; | (e) | extraction by means of selective solvents; | (f) | the process comprising all of the following operations: processing with concentrated sulphuric acid, oleum or sulphuric anhydride; neutralisation with alkaline agents; decolourisation and purification with naturally-active earth, activated earth, activated charcoal or bauxite; | (g) | polymerisation; | (h) | alkylation; | (i) | isomerisation.
(a) | vacuum-distillation;
(b) | redistillation by a very thorough fractionation-process(1);
(c) | cracking;
(d) | reforming;
(e) | extraction by means of selective solvents;
(f) | the process comprising all of the following operations: processing with concentrated sulphuric acid, oleum or sulphuric anhydride; neutralisation with alkaline agents; decolourisation and purification with naturally-active earth, activated earth, activated charcoal or bauxite;
(g) | polymerisation;
(h) | alkylation;
(i) | isomerisation.
8.2. | For the purposes of headings 2710 , 2711 and 2712 , the ‘specific processes’ are the following:(a)vacuum-distillation;(b)redistillation by a very thorough fractionation-process(1);(c)cracking;(d)reforming;(e)extraction by means of selective solvents;(f)the process comprising all of the following operations: processing with concentrated sulphuric acid, oleum or sulphuric anhydride; neutralisation with alkaline agents; decolourisation and purification with naturally-active earth, activated earth, activated charcoal or bauxite;(g)polymerisation;(h)alkylation;(i)isomerisation;(j)in respect of heavy oils of heading ex 2710 only, desulphurisation with hydrogen, resulting in a reduction of at least 85 % of the sulphur-content of the products processed (ASTM D 1266-59 T method);(k)in respect of products of heading 2710 only, deparaffining by a process other than filtering;(l)in respect of heavy oils of heading ex 2710 only, treatment with hydrogen, at a pressure of more than 20 bar and a temperature of more than 250 °C, with the use of a catalyst, other than to effect desulphurisation, when the hydrogen constitutes an active element in a chemical reaction. The further treatment, with hydrogen, of lubricating oils of heading ex 2710 (e.g. hydrofinishing or decolourisation), in order, more especially, to improve colour or stability shall not, however, be deemed to be a specific process;(m)in respect of fuel oils of heading ex 2710 only, atmospheric distillation, on condition that less than 30 % of these products distils, by volume, including losses, at 300 °C, by the ASTM D 86 method;(n)in respect of heavy oils other than gas oils and fuel oils of heading ex 2710 only, treatment by means of a high-frequency electrical brush-discharge.(o)in respect of crude products (other than petroleum jelly, ozokerite, lignite wax or peat wax, paraffin wax containing by weight less than 0,75 % of oil) of heading ex 2712 only, de-oiling by fractional crystallisation. | (a) | vacuum-distillation; | (b) | redistillation by a very thorough fractionation-process(1); | (c) | cracking; | (d) | reforming; | (e) | extraction by means of selective solvents; | (f) | the process comprising all of the following operations: processing with concentrated sulphuric acid, oleum or sulphuric anhydride; neutralisation with alkaline agents; decolourisation and purification with naturally-active earth, activated earth, activated charcoal or bauxite; | (g) | polymerisation; | (h) | alkylation; | (i) | isomerisation; | (j) | in respect of heavy oils of heading ex 2710 only, desulphurisation with hydrogen, resulting in a reduction of at least 85 % of the sulphur-content of the products processed (ASTM D 1266-59 T method); | (k) | in respect of products of heading 2710 only, deparaffining by a process other than filtering; | (l) | in respect of heavy oils of heading ex 2710 only, treatment with hydrogen, at a pressure of more than 20 bar and a temperature of more than 250 °C, with the use of a catalyst, other than to effect desulphurisation, when the hydrogen constitutes an active element in a chemical reaction. The further treatment, with hydrogen, of lubricating oils of heading ex 2710 (e.g. hydrofinishing or decolourisation), in order, more especially, to improve colour or stability shall not, however, be deemed to be a specific process; | (m) | in respect of fuel oils of heading ex 2710 only, atmospheric distillation, on condition that less than 30 % of these products distils, by volume, including losses, at 300 °C, by the ASTM D 86 method; | (n) | in respect of heavy oils other than gas oils and fuel oils of heading ex 2710 only, treatment by means of a high-frequency electrical brush-discharge. | (o) | in respect of crude products (other than petroleum jelly, ozokerite, lignite wax or peat wax, paraffin wax containing by weight less than 0,75 % of oil) of heading ex 2712 only, de-oiling by fractional crystallisation.
(a) | vacuum-distillation;
(b) | redistillation by a very thorough fractionation-process(1);
(c) | cracking;
(d) | reforming;
(e) | extraction by means of selective solvents;
(f) | the process comprising all of the following operations: processing with concentrated sulphuric acid, oleum or sulphuric anhydride; neutralisation with alkaline agents; decolourisation and purification with naturally-active earth, activated earth, activated charcoal or bauxite;
(g) | polymerisation;
(h) | alkylation;
(i) | isomerisation;
(j) | in respect of heavy oils of heading ex 2710 only, desulphurisation with hydrogen, resulting in a reduction of at least 85 % of the sulphur-content of the products processed (ASTM D 1266-59 T method);
(k) | in respect of products of heading 2710 only, deparaffining by a process other than filtering;
(l) | in respect of heavy oils of heading ex 2710 only, treatment with hydrogen, at a pressure of more than 20 bar and a temperature of more than 250 °C, with the use of a catalyst, other than to effect desulphurisation, when the hydrogen constitutes an active element in a chemical reaction. The further treatment, with hydrogen, of lubricating oils of heading ex 2710 (e.g. hydrofinishing or decolourisation), in order, more especially, to improve colour or stability shall not, however, be deemed to be a specific process;
(m) | in respect of fuel oils of heading ex 2710 only, atmospheric distillation, on condition that less than 30 % of these products distils, by volume, including losses, at 300 °C, by the ASTM D 86 method;
(n) | in respect of heavy oils other than gas oils and fuel oils of heading ex 2710 only, treatment by means of a high-frequency electrical brush-discharge.
(o) | in respect of crude products (other than petroleum jelly, ozokerite, lignite wax or peat wax, paraffin wax containing by weight less than 0,75 % of oil) of heading ex 2712 only, de-oiling by fractional crystallisation.
8.3. | For the purposes of headings ex 2707 and 2713 , simple operations, such as cleaning, decanting, desalting, water-separation, filtering, colouring, marking, obtaining a sulphur-content as a result of mixing products with different sulphur-contents, or any combination of these operations or like operations, do not confer origin.
(1) See additional explanatory Note 4(b) to Chapter 27 of the Combined Nomenclature.

Appendix II
List of products and working or processing operations which confer originating status

Harmonised System heading | Description of product | Qualifying operation (Working or processing, carried out on non-originating materials, which confers originating status)
(1) | (2) | (3)
Chapter 1 | Live animals | All the animals of Chapter 1 are wholly obtained
Chapter 2 | Meat and edible meat offal | Manufacture in which all the meat and edible meat offal in the products of this chapter is wholly obtained
ex Chapter 3 | Fish and crustaceans, molluscs and other aquatic invertebrates, except for: | All fish and crustaceans, molluscs and other aquatic invertebrates are wholly obtained
0304 | Fish fillets and other fish meat (whether or not minced), fresh, chilled of frozen | Manufacture in which all the materials of Chapter 3 used are wholly obtained
0305 | Fish, dried, salted or in brine; smoked fish, whether or not cooked before or during the smoking process; flours, meals and pellets of fish, fit for human consumption | Manufacture in which all the materials of Chapter 3 used are wholly obtained
ex ex0306 | Crustaceans, whether in shell or not, dried, salted or in brine; crustaceans, in shell, cooked by steaming or by boiling in water, whether or not chilled, frozen, dried, salted or in brine; flours, meals and pellets of crustaceans, fit for human consumption | Manufacture in which all the materials of Chapter 3 used are wholly obtained
ex ex0307 | Molluscs, whether in shell or not, dried, salted or in brine; aquatic invertebrates other than crustaceans and molluscs, dried, salted or in brine; flours, meals and pellets of crustaceans, fit for human consumption | Manufacture in which all the materials of Chapter 3 used are wholly obtained
Chapter 4 | Dairy produce; birds’ eggs; natural honey; edible products of animal origin, not elsewhere specified or included; | Manufacture in which:—all the materials of Chapter 4 used are wholly obtained; and—the weight of sugar(1)used does not exceed 40 % of the weight of the final product | — | all the materials of Chapter 4 used are wholly obtained; and | — | the weight of sugar(1)used does not exceed 40 % of the weight of the final product
— | all the materials of Chapter 4 used are wholly obtained; and
— | the weight of sugar(1)used does not exceed 40 % of the weight of the final product
ex Chapter 5 | Products of animal origin, not elsewhere specified or included, except for: | Manufacture from materials of any heading
ex ex051191 | Inedible fish eggs and roes | All the eggs and roes are wholly obtained
Chapter 6 | Live trees and other plants; bulbs, roots and the like; cut flowers and ornamental foliage | Manufacture in which all the materials of Chapter 6 used are wholly obtained
Chapter 7 | Edible vegetables and certain roots and tubers | Manufacture in which all the materials of Chapter 7 used are wholly obtained
Chapter 8 | Edible fruit and nuts; peel of citrus fruits or melons | Manufacture in which:—all the fruit, nuts and peels of citrus fruits or melons of Chapter 8 used are wholly obtained, and—the weight of sugar(1)used does not exceed 40 % of the weight of the final product | — | all the fruit, nuts and peels of citrus fruits or melons of Chapter 8 used are wholly obtained, and | — | the weight of sugar(1)used does not exceed 40 % of the weight of the final product
— | all the fruit, nuts and peels of citrus fruits or melons of Chapter 8 used are wholly obtained, and
— | the weight of sugar(1)used does not exceed 40 % of the weight of the final product
Chapter 9 | Coffee, tea, maté and spices; | Manufacture from materials of any heading
Chapter 10 | Cereals | Manufacture in which all the materials of Chapter 10 used are wholly obtained
ex Chapter 11 | Products of the milling industry; malt; starches; inulin; wheat gluten; except for: | Manufacture in which all the materials of Chapters 10 and 11, headings 0701 and 2303 , and sub-heading 071010 used are wholly obtained
ex ex1106 | Flour, meal and powder of the dried, shelled leguminous vegetables of heading 0713 | Drying and milling of leguminous vegetables of heading 0708
Chapter 12 | Oil seeds and oleaginous fruits; miscellaneous grains, seeds and fruit; industrial or medicinal plants; straw and fodder | Manufacture from materials of any heading, except that of the product
Chapter 13 | Lac; gums, resins and other vegetable saps and extracts | Manufacture from materials of any heading, in which the weight of sugar(1)used does not exceed 40 % of the weight of the final product
Chapter 14 | Vegetable plaiting materials; vegetable products not elsewhere specified or included | Manufacture from materials of any heading
ex Chapter 15 | Animal or vegetable fats and oils and their cleavage products; prepared edible fats; animal or vegetable waxes; except for: | Manufacture from materials of any sub-heading, except that of the product
1501 to 1504 | Fats from pig, poultry, bovine, sheep or goat, fish, etc. | Manufacture from materials of any heading except that of the product
1505 , 1506 and 1520 | Wool grease and fatty substances derived therefrom (including lanolin). Other animal fats and oils and their fractions, whether or not refined, but not chemically modified. Glycerol, crude; glycerol waters and glycerol lyes. | Manufacture from materials of any heading
1509 and 1510 | Olive oil and its fractions | Manufacture in which all the vegetable materials used are wholly obtained
1516 and 1517 | Animal or vegetable fats and oils and their fractions, partly or wholly hydrogenated, inter-esterified, re-esterified or elaidinised, whether or not refined, but not further preparedMargarine; edible mixtures or preparations of animal or vegetable fats or oils or of fractions of different fats or oils of this Chapter, other than edible fats or oils or their fractions of heading 1516 | Manufacture from materials of any heading, except that of the product
Chapter 16 | Preparations of meat, of fish or of crustaceans, molluscs or other aquatic invertebrates | Manufacture:—from materials of any heading, except meat and edible meat offal of Chapter 2 and materials of Chapter 16 obtained from meat and edible meat offal of Chapter 2, and—in which all the materials of Chapter 3 and materials of Chapter 16 obtained from fish and crustaceans, molluscs and other aquatic invertebrates of Chapter 3 used are wholly obtained | — | from materials of any heading, except meat and edible meat offal of Chapter 2 and materials of Chapter 16 obtained from meat and edible meat offal of Chapter 2, and | — | in which all the materials of Chapter 3 and materials of Chapter 16 obtained from fish and crustaceans, molluscs and other aquatic invertebrates of Chapter 3 used are wholly obtained
— | from materials of any heading, except meat and edible meat offal of Chapter 2 and materials of Chapter 16 obtained from meat and edible meat offal of Chapter 2, and
— | in which all the materials of Chapter 3 and materials of Chapter 16 obtained from fish and crustaceans, molluscs and other aquatic invertebrates of Chapter 3 used are wholly obtained
ex Chapter 17 | Sugars and sugar confectionery; except for: | Manufacture from materials of any heading, except that of the product
1702 | Other sugars, including chemically pure lactose and glucose, in solid form; sugar syrups; artificial honey, whether or not mixed with natural honey; caramel | Manufacture from materials of any heading, except that of the product, in which the weight of the materials of headings 1101 to 1108 , 1701 and 1703 used does not exceed 30 % of the weight of the final product
1704 | Sugar confectionery (including white chocolate), not containing cocoa | Manufacture from materials of any heading, except that of the product, in which:—the individual weight of sugar(1)and of the materials of Chapter 4 used does not exceed 40 % of the weight of the final product, and—the total combined weight of sugar(1)and the materials of Chapter 4 used does not exceed 60 % of the weight of final product | — | the individual weight of sugar(1)and of the materials of Chapter 4 used does not exceed 40 % of the weight of the final product, and | — | the total combined weight of sugar(1)and the materials of Chapter 4 used does not exceed 60 % of the weight of final product
— | the individual weight of sugar(1)and of the materials of Chapter 4 used does not exceed 40 % of the weight of the final product, and
— | the total combined weight of sugar(1)and the materials of Chapter 4 used does not exceed 60 % of the weight of final product
Chapter 18 | Cocoa and cocoa preparations | Manufacture from materials of any heading, except that of the product, in which—the individual weight of sugar(1)and of the materials of Chapter 4 used does not exceed 40 % of the weight of the final product, and—the total combined weight of sugar(1)and the materials of Chapter 4 used does not exceed 60 % of the weight of final product | — | the individual weight of sugar(1)and of the materials of Chapter 4 used does not exceed 40 % of the weight of the final product, and | — | the total combined weight of sugar(1)and the materials of Chapter 4 used does not exceed 60 % of the weight of final product
— | the individual weight of sugar(1)and of the materials of Chapter 4 used does not exceed 40 % of the weight of the final product, and
— | the total combined weight of sugar(1)and the materials of Chapter 4 used does not exceed 60 % of the weight of final product
Chapter 19 | Preparations of cereals, flour, starch or milk; pastry cooks’ products | Manufacture from materials of any heading, except that of the product, in which:—the weight of the materials of Chapters 2, 3 and 16 used does not exceed 20 % of the weight of the final product, and—the weight of the materials of headings 1006 and 1101 to 1108 used does not exceed 20 % of the weight of the final product, and—the individual weight of sugar(1)and of the materials of Chapter 4 used does not exceed 40 % of the weight of the final product, and—the total combined weight of sugar(1)and the materials of Chapter 4 used does not exceed 60 % of the weight of final product | — | the weight of the materials of Chapters 2, 3 and 16 used does not exceed 20 % of the weight of the final product, and | — | the weight of the materials of headings 1006 and 1101 to 1108 used does not exceed 20 % of the weight of the final product, and | — | the individual weight of sugar(1)and of the materials of Chapter 4 used does not exceed 40 % of the weight of the final product, and | — | the total combined weight of sugar(1)and the materials of Chapter 4 used does not exceed 60 % of the weight of final product
— | the weight of the materials of Chapters 2, 3 and 16 used does not exceed 20 % of the weight of the final product, and
— | the weight of the materials of headings 1006 and 1101 to 1108 used does not exceed 20 % of the weight of the final product, and
— | the individual weight of sugar(1)and of the materials of Chapter 4 used does not exceed 40 % of the weight of the final product, and
— | the total combined weight of sugar(1)and the materials of Chapter 4 used does not exceed 60 % of the weight of final product
ex Chapter 20 | Preparations of vegetables, fruit, nuts or other parts of plants; except for: | Manufacture from materials of any heading, except that of the product, in which the weight of sugar(1)used does not exceed 40 % of the weight of the final product
2002 and 2003 | Tomatoes, mushrooms and truffles prepared or preserved otherwise than by vinegar of acetic acid | Manufacture in which all the materials of Chapters 7 used are wholly obtained
Chapter 21 | Miscellaneous edible preparations; except for: | Manufacture from materials of any heading, except that of the product, in which:—the individual weight of sugar(1)and of the materials of Chapter 4 used does not exceed 40 % of the weight of the final product, and—the total combined weight of sugar(1)and the materials of Chapter 4 used does not exceed 60 % of the weight of final product | — | the individual weight of sugar(1)and of the materials of Chapter 4 used does not exceed 40 % of the weight of the final product, and | — | the total combined weight of sugar(1)and the materials of Chapter 4 used does not exceed 60 % of the weight of final product
— | the individual weight of sugar(1)and of the materials of Chapter 4 used does not exceed 40 % of the weight of the final product, and
— | the total combined weight of sugar(1)and the materials of Chapter 4 used does not exceed 60 % of the weight of final product
Chapter 22 | Beverages, spirits and vinegar | Manufacture from materials of any heading, except that of the product and headings 2207 and 2208 , in which:—all the materials of sub-headings 080610 , 200961 , 200969 used are wholly obtained, and—the individual weight of sugar(1)and of the materials of Chapter 4 used does not exceed 40 % of the weight of the final product, and—the total combined weight of sugar(1)and the materials of Chapter 4 used does not exceed 60 % of the weight of final product | — | all the materials of sub-headings 080610 , 200961 , 200969 used are wholly obtained, and | — | the individual weight of sugar(1)and of the materials of Chapter 4 used does not exceed 40 % of the weight of the final product, and | — | the total combined weight of sugar(1)and the materials of Chapter 4 used does not exceed 60 % of the weight of final product
— | all the materials of sub-headings 080610 , 200961 , 200969 used are wholly obtained, and
— | the individual weight of sugar(1)and of the materials of Chapter 4 used does not exceed 40 % of the weight of the final product, and
— | the total combined weight of sugar(1)and the materials of Chapter 4 used does not exceed 60 % of the weight of final product
ex Chapter 23 | Residues and waste from the food industries; prepared animal fodder; except for: | Manufacture from materials of any heading, except that of the product
ex ex2303 | Residues of starch manufacture | Manufacture from materials of any heading, except that of the product, in which the weight of the materials of Chapter 10 used does not exceed 20 % of the weight of the final product
2309 | Preparations of a kind used in animal feeding | Manufacture from materials of any heading, except that of the product, in which:—all the materials of Chapters 2 and 3 used are wholly obtained, and—the weight of materials of Chapter 10 and 11 and headings 2302 and 2303 used does not exceed 20 % of the weight of the final product, and—the individual weight of sugar(1)and of the materials of Chapter 4 used does not exceed 40 % of the weight of the final product, and—the total combined weight of sugar and the materials of Chapter 4 used does not exceed 60 % of the weight of final product | — | all the materials of Chapters 2 and 3 used are wholly obtained, and | — | the weight of materials of Chapter 10 and 11 and headings 2302 and 2303 used does not exceed 20 % of the weight of the final product, and | — | the individual weight of sugar(1)and of the materials of Chapter 4 used does not exceed 40 % of the weight of the final product, and | — | the total combined weight of sugar and the materials of Chapter 4 used does not exceed 60 % of the weight of final product
— | all the materials of Chapters 2 and 3 used are wholly obtained, and
— | the weight of materials of Chapter 10 and 11 and headings 2302 and 2303 used does not exceed 20 % of the weight of the final product, and
— | the individual weight of sugar(1)and of the materials of Chapter 4 used does not exceed 40 % of the weight of the final product, and
— | the total combined weight of sugar and the materials of Chapter 4 used does not exceed 60 % of the weight of final product
ex Chapter 24 | Tobacco and manufactured tobacco substitutes; except for: | Manufacture from materials of any heading in which the weight of materials of Chapter 24 used does not exceed 30 % of the total weight of materials of Chapter 24 used
2401 | Unmanufactured tobacco; tobacco refuse | All unmanufactured tobacco and tobacco refuse of Chapter 24 is wholly obtained
2402 | Cigars, cheroots, cigarillos and cigarettes, of tobacco or of tobacco substitutes | Manufacture from materials of any heading, except that of the product and of heading 2403 , and in which the weight of materials of heading 2401 used does not exceed 50 % of the total weight of materials of heading 2401 used
ex Chapter 25 | Salt; sulphur; earths and stone; plastering materials, lime and cement; except for: | Manufacture from materials of any heading, except that of the productorManufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
ex ex2519 | Crushed natural magnesium carbonate (magnesite), in hermetically-sealed containers, and magnesium oxide, whether or not pure, other than fused magnesia or dead-burned (sintered) magnesia | Manufacture from materials of any heading, except that of the product. However, natural magnesium carbonate (magnesite) may be used
Chapter 26 | Ores, slag and ash | Manufacture from materials of any heading, except that of the product
ex Chapter 27 | Mineral fuels, mineral oils and products of their distillation; bituminous substances; mineral waxes, except for: | Manufacture from materials of any heading, except that of the productorManufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
ex ex2707 | Oils in which the weight of the aromatic constituents exceeds that of the non-aromatic constituents, being oils similar to mineral oils obtained by distillation of high temperature coal tar, of which more than 65 % by volume distils at a temperature of up to 250 °C (including mixtures of petroleum spirit and benzole), for use as power or heating fuels | Operations of refining and/or one or more specific process(es)(2)orOther operations in which all the materials used are classified within a heading other than that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 50 % of the ex-works price of the product
2710 | Petroleum oils and oils obtained from bituminous materials, other than crude; preparations not elsewhere specified or included, containing by weight 70 % or more of petroleum oils or of oils obtained from bituminous materials, these oils being the basic constituents of the preparations; waste oils | Operations of refining and/or one or more specific process(es)(3)orOther operations in which all the materials used are classified within a heading other than that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 50 % of the ex-works price of the product
2711 | Petroleum gases and other gaseous hydrocarbons | Operations of refining and/or one or more specific process(es)(3)orOther operations in which all the materials used are classified within a heading other than that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 50 % of the ex-works price of the product
2712 | Petroleum jelly; paraffin wax, microcrystalline petroleum wax, slack wax, ozokerite, lignite wax, peat wax, other mineral waxes, and similar products obtained by synthesis or by other processes, whether or not coloured | Operations of refining and/or one or more specific process(es)(3)orOther operations in which all the materials used are classified within a heading other than that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 50 % of the ex-works price of the product
2713 | Petroleum coke, petroleum bitumen and other residues of petroleum oils or of oils obtained from bituminous materials | Operations of refining and/or one or more specific process(es)(2)orOther operations in which all the materials used are classified within a heading other than that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 50 % of the ex-works price of the product
ex Chapter 28 | Inorganic chemicals; organic or inorganic compounds of precious metals, of rare-earth metals, of radioactive elements or of isotopes; except for: | Manufacture from materials of any heading, except that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 20 % of the ex-works price of the productorManufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
ex Chapter 29 | Organic chemicals; except for: | Manufacture from materials of any heading, except that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 20 % of the ex-works price of the productorManufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
ex ex2905 | Metal alcoholates of alcohols of this heading and of ethanol; except for: | Manufacture from materials of any heading, including other materials of heading 2905 . However, metal alcoholates of this heading may be used, provided that their total value does not exceed 20 % of the ex-works price of the productorManufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
290543 ; 290544 ; 290545 | Mannitol; D-glucitol (sorbitol); Glycerol | Manufacture from materials of any sub-heading, except that of the product. However, materials of the same sub-heading as the product may be used, provided that their total value does not exceed 20 % of the ex-works price of the productorManufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
Chapter 30 | Pharmaceutical products | Manufacture from materials of any heading
Chapter 31 | Fertilisers | Manufacture from materials of any heading, except that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 20 % of the ex-works price of the productorManufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
Chapter 32 | Tanning or dyeing extracts; tannins and their derivatives; dyes, pigments and other colouring matter; paints and varnishes; putty and other mastics; inks | Manufacture from materials of any heading, except that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 20 % of the ex-works price of the productorManufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
Chapter 33 | Essential oils and resinoids; perfumery, cosmetic or toilet preparations; except for: | Manufacture from materials of any heading, except that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 20 % of the ex-works price of the productorManufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
ex Chapter 34 | Soap, organic surface-active agents, washing preparations, lubricating preparations, artificial waxes, prepared waxes, polishing or scouring preparations, candles and similar articles, modelling pastes, ‘dental waxes’ and dental preparations with a basis of plaster, except for: | Manufacture from materials of any heading, except that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 20 % of the ex-works price of the productorManufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
ex ex3404 | Artificial waxes and prepared waxes:—With a basis of paraffin, petroleum waxes, waxes obtained from bituminous minerals, slack wax or scale wax | — | With a basis of paraffin, petroleum waxes, waxes obtained from bituminous minerals, slack wax or scale wax | Manufacture from materials of any heading
— | With a basis of paraffin, petroleum waxes, waxes obtained from bituminous minerals, slack wax or scale wax
Chapter 35 | Albuminoidal substances; modified starches; glues; enzymes | Manufacture from materials of any heading, except that of the product, in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
Chapter 36 | Explosives; pyrotechnic products; matches; pyrophoric alloys; certain combustible preparations | Manufacture from materials of any heading, except that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 20 % of the ex-works price of the productorManufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
Chapter 37 | Photographic or cinematographic goods | Manufacture from materials of any heading, except that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 20 % of the ex-works price of the productorManufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
ex Chapter 38 | Miscellaneous chemical products; except for: | Manufacture from materials of any heading, except that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 20 % of the ex-works price of the productorManufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
382460 | Sorbitol other than that of sub-heading 290544 | Manufacture from materials of any sub-heading, except that of the product and except materials of sub-heading 290544 . However, materials of the same sub-heading as the product may be used, provided that their total value does not exceed 20 % of the ex-works price of the productorManufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
ex Chapter 39 | Plastics and articles thereof; except for: | Manufacture from materials of any heading, except that of the product.orManufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
ex ex3907 | – Copolymer, made from polycarbonate and acrylonitrile-butadiene-styrene copolymer (ABS) | Manufacture from materials of any heading, except that of the product. However, materials of the same heading as the product may be used, provided that their total value does not exceed 50 % of the ex-works price of the product(4)orManufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
– Polyester | Manufacture from materials of any heading, except that of the productorManufacture from polycarbonate of tetrabromo-(bisphenol A)orManufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
ex Chapter 40 | Rubber and articles thereof; except for: | Manufacture from materials of any heading, except that of the productorManufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
4012 | Retreaded or used pneumatic tyres of rubber; solid or cushion tyres, tyre treads and tyre flaps, of rubber: |
– Retreaded pneumatic, solid or cushion tyres, of rubber | Retreading of used tyres
– Other | Manufacture from materials of any heading, except those of headings 4011 and 4012orManufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
ex Chapter 41 | Raw hides and skins (other than furskins) and leather; except for: | Manufacture from materials of any heading, except that of the product
4101 to 4103 | Raw hides and skins of bovine (including buffalo) or equine animals (fresh, or salted, dried, limed, pickled or otherwise preserved, but not tanned, parchment dressed or further prepared), whether or not dehaired or split; raw skins of sheep or lambs (fresh, or salted, dried, limed, pickled or otherwise preserved, but not tanned, parchment dressed or further prepared), whether or not with wool on or split, other than those excluded by note 1(c) to Chapter 41; other raw hides and skins (fresh, or salted, dried, limed, pickled or otherwise preserved, but not tanned, parchment dressed or further prepared), whether or not dehaired or split, other than those excluded by note 1(b) or 1(c) to Chapter 41 | Manufacture from materials of any heading
4104 to 4106 | Tanned or crust hides and skins, without wool or hair on, whether or not split, but not further prepared | Re-tanning of tanned or pre-tanned hides and skins of sub-headings 410411 , 410419 , 410510 , 410621 , 410631 or 410691 ,orManufacture from materials of any heading, except that of the product
4107 , 4112 , 4113 | Leather further prepared after tanning or crusting | Manufacture from materials of any heading, except that of the product. However, materials of sub-headings 410441 , 410449 , 410530 , 410622 , 410632 and 410692 may be used only if a re-tanning operation of the tanned or crust hides and skins in the dry state takes place
Chapter 42 | Articles of leather; saddlery and harness; travel goods, handbags and similar containers; articles of animal gut (other than silk worm gut) | Manufacture from materials of any heading, except that of the productorManufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
ex Chapter 43 | Furskins and artificial fur; manufactures thereof; except for: | Manufacture from materials of any heading, except that of the productorManufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
4301 | Raw furskins (including heads, tails, paws and other pieces or cuttings, suitable for furrier’s use), other than raw hides and skins of heading 4101 , 4102 or 4103 | Manufacture from materials of any heading
ex ex4302 | Tanned or dressed furskins, assembled: |
– Plates, crosses and similar forms | Bleaching or dyeing, in addition to cutting and assembly of non-assembled tanned or dressed furskins
– Other | Manufacture from non-assembled, tanned or dressed furskins
4303 | Articles of apparel, clothing accessories and other articles of furskin | Manufacture from non-assembled tanned or dressed furskins of heading 4302
ex Chapter 44 | Wood and articles of wood; wood charcoal; except for: | Manufacture from materials of any heading, except that of the productorManufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
ex ex4407 | Wood sawn or chipped lengthwise, sliced or peeled, of a thickness exceeding 6 mm, planed, sanded or end-jointed | Planing, sanding or end-jointing
ex ex4408 | Sheets for veneering (including those obtained by slicing laminated wood) and for plywood, of a thickness not exceeding 6 mm, spliced, and other wood sawn lengthwise, sliced or peeled of a thickness not exceeding 6 mm, planed, sanded or end-jointed | Splicing, planing, sanding or endjointing
ex ex4410 to ex ex4413 | Beadings and mouldings, including moulded skirting and other moulded boards | Beading or moulding
ex ex4415 | Packing cases, boxes, crates, drums and similar packings, of wood | Manufacture from boards not cut to size
ex ex4418 | – Builders’ joinery and carpentry of wood | Manufacture from materials of any heading, except that of the product. However, cellular wood panels, shingles and shakes may be used
– Beadings and mouldings | Beading or moulding
ex ex4421 | Match splints; wooden pegs or pins for footwear | Manufacture from wood of any heading, except drawn wood of heading 4409
Chapter 45 | Cork and articles of cork | Manufacture from materials of any heading, except that of the productorManufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
Chapter 46 | Manufactures of straw, of esparto or of other plaiting materials; basketware and wickerwork | Manufacture from materials of any heading, except that of the productorManufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
Chapter 47 | Pulp of wood or of other fibrous cellulosic material; recovered (waste and scrap) paper or paperboard | Manufacture from materials of any heading, except that of the productorManufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
Chapter 48 | Paper and paperboard; articles of paper pulp, of paper or of paperboard | Manufacture from materials of any heading, except that of the productorManufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
Chapter 49 | Printed books, newspapers, pictures and other products of the printing industry; manuscripts, typescripts and plans | Manufacture from materials of any heading, except that of the productorManufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
ex Chapter 50 | Silk; except for: | Manufacture from materials of any heading, except that of the product
ex ex5003 | Silk waste (including cocoons unsuitable for reeling, yarn waste and garnetted stock), carded or combed | Carding or combing of silk waste
5004 to ex ex5006 | Silk yarn and yarn spun from silk waste | Spinning of natural fibres or extrusion of man-made fibres accompanied by spinning or twisting(5)
5007 | Woven fabrics of silk or of silk waste: | Spinning of natural and/or man-made staple fibres or extrusion of man-made filament yarn or twisting, in each case accompanied by weavingorWeaving accompanied by dyeingorYarn dyeing accompanied by weavingorPrinting accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47,5 % of the ex-works price of the product(5)
ex Chapter 51 | Wool, fine or coarse animal hair; horsehair yarn and woven fabric; except for: | Manufacture from materials of any heading, except that of the product
5106 to 5110 | Yarn of wool, of fine or coarse animal hair or of horsehair | Spinning of natural fibres or extrusion of man-made fibres accompanied by spinning(5)
5111 to 5113 | Woven fabrics of wool, of fine or coarse animal hair or of horsehair: | Spinning of natural and/or man-made staple fibres or extrusion of man-made filament yarn, in each case accompanied by weavingorWeaving accompanied by dyeingorYarn dyeing accompanied by weavingorPrinting accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47,5 % of the ex-works price of the product(5)
ex Chapter 52 | Cotton; except for: | Manufacture from materials of any heading, except that of the product
5204 to 5207 | Yarn and thread of cotton | Spinning of natural fibres or extrusion of man-made fibres accompanied by spinning(5)
5208 to 5212 | Woven fabrics of cotton: | Spinning of natural and/or man-made staple fibres or extrusion of man-made filament yarn, in each case accompanied by weavingorWeaving accompanied by dyeing or by coatingorYarn dyeing accompanied by weavingorPrinting accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47,5 % of the ex-works price of the product(5)
ex Chapter 53 | Other vegetable textile fibres; paper yarn and woven fabrics of paper yarn; except for: | Manufacture from materials of any heading, except that of the product
5306 to 5308 | Yarn of other vegetable textile fibres; paper yarn | Spinning of natural fibres or extrusion of man-made fibres accompanied by spinning(5)
5309 to 5311 | Woven fabrics of other vegetable textile fibres; woven fabrics of paper yarn: | Spinning of natural and/or man-made staple fibres or extrusion of man-made filament yarn, in each case accompanied by weavingorWeaving accompanied by dyeing or by coatingorYarn dyeing accompanied by weavingorPrinting accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47,5 % of the ex-works price of the product(5)
5401 to 5406 | Yarn, monofilament and thread of man-made filaments | Extrusion of man-made fibres accompanied by spinning OR spinning of natural fibres(5)
5407 and 5408 | Woven fabrics of man-made filament yarn: | Spinning of natural and/or man-made staple fibres or extrusion of man-made filament yarn, in each case accompanied by weavingorWeaving accompanied by dyeing or by coatingorTwisting or texturing accompanied by weaving provided that the value of the non-twisted/non-textured yarns used does not exceed 47,5 % of the ex-works price of the productorPrinting accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47,5 % of the ex-works price of the product(5)
5501 to 5507 | Man-made staple fibres | Extrusion of man-made fibres
5508 to 5511 | Yarn and sewing thread of man-made staple fibres | Spinning of natural fibres or extrusion of man-made fibres accompanied by spinning(5)
5512 to 5516 | Woven fabrics of man-made staple fibres: | Spinning of natural and/or man-made staple fibres or extrusion of man-made filament yarn, in each case accompanied by weavingorWeaving accompanied by dyeing or by coatingorYarn dyeing accompanied by weavingorPrinting accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47,5 % of the ex-works price of the product(5)
ex Chapter 56 | Wadding, felt and non-wovens; special yarns; twine, cordage, ropes and cables and articles thereof; except for: | Extrusion of man-made fibres accompanied by spinning or spinning of natural fibresorFlocking accompanied by dyeing or printing(5)
5602 | Felt, whether or not impregnated, coated, covered or laminated: |
– Needleloom felt | Extrusion of man-made fibres accompanied by fabric formation,However:polypropylene filament of heading 5402 ,polypropylene fibres of heading 5503 or 5506 , orpolypropylene filament tow of heading 5501 ,of which the denomination in all cases of a single filament or fibre is less than 9 decitex,may be used, provided that their total value does not exceed 40 % of the ex-works price of the productorFabric formation alone in the case of felt made from natural fibres(5) | | polypropylene filament of heading 5402 , | | polypropylene fibres of heading 5503 or 5506 , or | | polypropylene filament tow of heading 5501 ,
| polypropylene filament of heading 5402 ,
| polypropylene fibres of heading 5503 or 5506 , or
| polypropylene filament tow of heading 5501 ,
– Other | Extrusion of man-made fibres accompanied by fabric formation,orFabric formation alone in the case of other felt made from natural fibres(5)
5603 | Nonwovens, whether or not impregnated, coated, covered or laminated | Extrusion of man-made fibres, or use of natural fibres, accompanied by nonwoven techniques including needle punching
5604 | Rubber thread and cord, textile covered; textile yarn, and strip and the like of heading 5404 or 5405 , impregnated, coated, covered or sheathed with rubber or plastics: |
– Rubber thread and cord, textile covered | Manufacture from rubber thread or cord, not textile covered
– Other | Extrusion of man-made fibres accompanied by spinning or spinning of natural fibres(5)
5605 | Metallised yarn, whether or not gimped, being textile yarn, or strip or the like of heading 5404 or 5405 , combined with metal in the form of thread, strip or powder or covered with metal | Extrusion of man-made fibres accompanied by spinning or spinning of natural and/or man-made staple fibres(5)
5606 | Gimped yarn, and strip and the like of heading 5404 or 5405 , gimped (other than those of heading 5605 and gimped horsehair yarn); chenille yarn (including flock chenille yarn); loop wale-yarn | Extrusion of man-made fibres accompanied by spinning or spinning of natural and/or man-made staple fibresorSpinning accompanied with flockingorFlocking accompanied by dyeing(5)
Chapter 57 | Carpets and other textile floor coverings: | Spinning of natural and/or man-made staple fibres or extrusion of man-made filament yarn, in each case accompanied by weavingorManufacture from coir yarn or sisal yarn or jute yarnorFlocking accompanied by dyeing or by printingOrTufting accompanied by dyeing or by printingExtrusion of man-made fibres accompanied by non-woven techniques including needle punching(5)However:—polypropylene filament of heading 5402 ,—polypropylene fibres of heading 5503 or 5506 , or—polypropylene filament tow of heading 5501 ,of which the denomination in all cases of a single filament or fibre is less than 9 decitex, may be used, provided that their total value does not exceed 40 % of the ex-works price of the productJute fabric may be used as a backing | — | polypropylene filament of heading 5402 , | — | polypropylene fibres of heading 5503 or 5506 , or | — | polypropylene filament tow of heading 5501 ,
— | polypropylene filament of heading 5402 ,
— | polypropylene fibres of heading 5503 or 5506 , or
— | polypropylene filament tow of heading 5501 ,
ex Chapter 58 | Special woven fabrics; tufted textile fabrics; lace; tapestries; trimmings; embroidery; except for: | Spinning of natural and/or man-made staple fibres or extrusion of man-made filament yarn, in each case accompanied by weavingorWeaving accompanied by dyeing or flocking or coatingorFlocking accompanied by dyeing or by printingorYarn dyeing accompanied by weavingorPrinting accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47,5 % of the ex-works price of the product(5)
5805 | Hand-woven tapestries of the types Gobelins, Flanders, Aubusson, Beauvais and the like, and needle-worked tapestries (for example, petit point, cross stitch), whether or not made up | Manufacture from materials of any heading, except that of the product
5810 | Embroidery in the piece, in strips or in motifs | Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
5901 | Textile fabrics coated with gum or amylaceous substances, of a kind used for the outer covers of books or the like; tracing cloth; prepared painting canvas; buckram and similar stiffened textile fabrics of a kind used for hat foundations | Weaving accompanied by dyeing or by flocking or by coatingorFlocking accompanied by dyeing or printing
5902 | Tyre cord fabric of high tenacity yarn of nylon or other polyamides, polyesters or viscose rayon: |
– Containing not more than 90 % by weight of textile materials | Weaving
– Other | Extrusion of man-made fibres accompanied by weaving
5903 | Textile fabrics impregnated, coated, covered or laminated with plastics, other than those of heading 5902 | Weaving accompanied by dyeing or by coatingorPrinting accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47,5 % of the ex-works price of the product
5904 | Linoleum, whether or not cut to shape; floor coverings consisting of a coating or covering applied on a textile backing, whether or not cut to shape | Weaving accompanied by dyeing or by coating(5)
5905 | Textile wall coverings: |
– Impregnated, coated, covered or laminated with rubber, plastics or other materials | Weaving accompanied by dyeing or by coating
– Other | Spinning of natural and/or man-made staple fibres or extrusion of man-made filament yarn, in each case accompanied by weavingorWeaving accompanied by dyeing or by coatingorPrinting accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47,5 % of the ex-works price of the product(5):
5906 | Rubberised textile fabrics, other than those of heading 5902 : |
– Knitted or crocheted fabrics | Spinning of natural and/or man-made staple fibres or extrusion of man-made filament yarn, in each case accompanied by knittingorKnitting accompanied by dyeing or by coatingorDyeing of yarn of natural fibres accompanied by knitting(5)
– Other fabrics made of synthetic filament yarn, containing more than 90 % by weight of textile materials | Extrusion of man-made fibres accompanied by weaving
– Other | Weaving accompanied by dyeing or by coatingorDyeing of yarn of natural fibres accompanied by weaving
5907 | Textile fabrics otherwise impregnated, coated or covered; painted canvas being theatrical scenery, studio back-cloths or the like | Weaving accompanied by dyeing or by flocking or by coatingorFlocking accompanied by dyeing or by printingorPrinting accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47,5 % of the ex-works price of the product
5908 | Textile wicks, woven, plaited or knitted, for lamps, stoves, lighters, candles or the like; incandescent gas mantles and tubular knitted gas mantle fabric therefor, whether or not impregnated: |
– Incandescent gas mantles, impregnated | Manufacture from tubular knitted gas-mantle fabric
– Other | Manufacture from materials of any heading, except that of the product
5909 to 5911 | Textile articles of a kind suitable for industrial use: |
– Polishing discs or rings other than of felt of heading 5911 | Weaving
– Woven fabrics, of a kind commonly used in papermaking or other technical uses, felted or not, whether or not impregnated or coated, tubular or endless with single or multiple warp and/or weft, or flat woven with multiple warp and/or weft of heading 5911 | Extrusion of man-made fibres or Spinning of natural and/or of man-made staple fibres, in each case accompanied by weavingorWeaving accompanied by dyeing or coatingOnly the following fibres may be used:– – coir yarn– – yarn of polytetrafluoroethylene(6),– – yarn, multiple, of polyamide, coated impregnated or covered with a phenolic resin,– – yarn of synthetic textile fibres of aromatic polyamides, obtained by polycondensation of m-phenylenediamine and isophthalic acid,– – monofil of polytetrafluoroethylene(6),– – yarn of synthetic textile fibres of poly(p-phenylene terephthalamide),– – glass fibre yarn, coated with phenol resin and gimped with acrylicyarn(6),– – copolyester monofilaments of a polyester and a resin of terephthalic acid and 1,4-cyclohexanediethanol and isophthalic acid | | – – coir yarn | | – – yarn of polytetrafluoroethylene(6), | | – – yarn, multiple, of polyamide, coated impregnated or covered with a phenolic resin, | | – – yarn of synthetic textile fibres of aromatic polyamides, obtained by polycondensation of m-phenylenediamine and isophthalic acid, | | – – monofil of polytetrafluoroethylene(6), | | – – yarn of synthetic textile fibres of poly(p-phenylene terephthalamide), | | – – glass fibre yarn, coated with phenol resin and gimped with acrylicyarn(6), | | – – copolyester monofilaments of a polyester and a resin of terephthalic acid and 1,4-cyclohexanediethanol and isophthalic acid
| – – coir yarn
| – – yarn of polytetrafluoroethylene(6),
| – – yarn, multiple, of polyamide, coated impregnated or covered with a phenolic resin,
| – – yarn of synthetic textile fibres of aromatic polyamides, obtained by polycondensation of m-phenylenediamine and isophthalic acid,
| – – monofil of polytetrafluoroethylene(6),
| – – yarn of synthetic textile fibres of poly(p-phenylene terephthalamide),
| – – glass fibre yarn, coated with phenol resin and gimped with acrylicyarn(6),
| – – copolyester monofilaments of a polyester and a resin of terephthalic acid and 1,4-cyclohexanediethanol and isophthalic acid
– Other | Extrusion of man-made filament yarn OR spinning of natural or man-made staple fibres, accompanied by weaving(5)orWeaving accompanied by dyeing or coating
Chapter 60 | Knitted or crocheted fabrics | Spinning of natural and/or man-made staple fibres or extrusion of man-made filament yarn, in each case accompanied by knittingorKnitting accompanied by dyeing or by flocking or by coatingorFlocking accompanied by dyeing or by printingorDyeing of yarn of natural fibres accompanied by knittingorTwisting or texturing accompanied by knitting provided that the value of the non-twisted/non-textured yarns used does not exceed 47,5 % of the ex-works price of the product
Chapter 61 | Articles of apparel and clothing accessories, knitted or crocheted: |
– Obtained by sewing together or otherwise assembling, two or more pieces of knitted or crocheted fabric which have been either cut to form or obtained directly to form | Knitting and making-up (including cutting)(5)(7)
– Other | Spinning of natural and/or man-made staple fibres or extrusion of man-made filament yarn, in each case accompanied by knitting (knitted to shape products)orDyeing of yarn of natural fibres accompanied by knitting (knitted to shape products)(5)
ex Chapter 62 | Articles of apparel and clothing accessories, not knitted or crocheted; except for: | Weaving accompanied by making-up (including cutting)orMaking-up preceded by printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47,5 % of the ex-works price of the product(5)(7)
ex ex6202 , ex ex6204 , ex ex6206 , ex ex6209 and ex ex6211 | Women’s, girls’ and babies’ clothing and clothing accessories for babies, embroidered | Weaving accompanied by making-up (including cutting)orManufacture from unembroidered fabric, provided that the value of the unembroidered fabric used does not exceed 40 % of the ex-works price of the product(7)
ex ex6210 and ex ex6216 | Fire-resistant equipment of fabric covered with foil of aluminised polyester | Weaving accompanied by making-up (including cutting)orCoating provided that the value of the uncoated fabric used does not exceed 40 % of the ex-works price of the product accompanied by making-up (including cutting)(7)
ex ex6212 | Brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof, knitted or crocheted |
– Obtained by sewing together or otherwise assembling, two or more pieces of knitted or crocheted fabric which have been either cut to form or obtained directly to form | Knitting and making-up (including cutting)(5)(7)
– Other | Spinning of natural and/or man-made staple fibres or extrusion of man-made filament yarn, in each case accompanied by knitting (knitted to shape products)orDyeing of yarn of natural fibres accompanied by knitting (knitted to shape products)(5)
6213 and 6214 | Handkerchiefs, shawls, scarves, mufflers, mantillas, veils and the like: |
– Embroidered | Weaving accompanied by making-up (including cutting)orManufacture from unembroidered fabric, provided that the value of the unembroidered fabric used does not exceed 40 % of the ex-works price of the product(7)orMaking-up preceded by printing accompanied by at least two preparatory or finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47,5 % of the ex-works price of the product(5)(7)
– Other | Weaving accompanied by making-up (including cutting)orMaking-up followed by printing accompanied by at least two preparatory finishing operations (such as scouring, bleaching, mercerising, heat setting, raising, calendering, shrink resistance processing, permanent finishing, decatising, impregnating, mending and burling), provided that the value of the unprinted fabric used does not exceed 47,5 % of the ex-works price of the product(5)(7)
6217 | Other made up clothing accessories; parts of garments or of clothing accessories, other than those of heading 6212 : |
– Embroidered | Weaving accompanied by making-up (including cutting)orManufacture from unembroidered fabric, provided that the value of the unembroidered fabric used does not exceed 40 % of the ex-works price of the product(7)
– Fire-resistant equipment of fabric covered with foil of aluminised polyester | Weaving accompanied by making-up (including cutting)orCoating provided that the value of the uncoated fabric used does not exceed 40 % of the ex-works price of the product accompanied by making-up (including cutting)(7)
– Interlinings for collars and cuffs, cut out | Manufacture from materials of any heading, except that of the product, and in which the value of all the materials used does not exceed 40 % of the ex-works price of the product
– Other | Weaving accompanied by making-up (including cutting)(7)
ex Chapter 63 | Other made-up textile articles; sets; worn clothing and worn textile articles; rags; except for: | Manufacture from materials of any heading, except that of the product
6301 to 6304 | Blankets, travelling rugs, bed linen etc.; curtains etc.; other furnishing articles: |
– Of felt, of nonwovens | Extrusion of man-made fibres or use of natural fibres in each case accompanied by non-woven process including needle punching and making-up (including cutting)(5)
– Other: |
– – Embroidered | Weaving or knitting accompanied by making-up (including cutting)Manufacture from unembroidered fabric, provided that the value of the unembroidered fabric used does not exceed 40 % of the ex-works price of the product(7)
– – Other | Weaving or knitting accompanied by making-up (including cutting)
6305 | Sacks and bags, of a kind used for the packing of goods | Extrusion of man-made fibres or spinning of natural and/or man-made staple fibres accompanied by weaving or knitting and making-up (including cutting)(5)
6306 | Tarpaulins, awnings and sunblinds; tents; sails for boats, sailboards or landcraft; camping goods: |
– Of nonwovens | Extrusion of man-made fibres or natural fibres in each case accompanied by any non-woven techniques including needle punching
– Other | Weaving accompanied by making-up (including cutting)(5)(7)orCoating provided that the value of the uncoated fabric used does not exceed 40 % of the ex-works price of the product accompanied by making-up (including cutting)
6307 | Other made-up articles, including dress patterns | Manufacture in which the value of all the materials used does not exceed 40 % of the ex-works price of the product
6308 | Sets consisting of woven fabric and yarn, whether or not with accessories, for making up into rugs, tapestries, embroidered table cloths or serviettes, or similar textile articles, put up in packings for retail sale | Each item in the set must satisfy the rule which would apply to it if it were not included in the set. However, non-originating articles may be incorporated, provided that their total value does not exceed 15 % of the ex-works price of the set
ex Chapter 64 | Footwear, gaiters and the like; parts of such articles; except for: | Manufacture from materials of any heading, except from assemblies of uppers affixed to inner soles or to other sole components of heading 6406
6406 | Parts of footwear (including uppers whether or not attached to soles other than outer soles); removable in-soles, heel cushions and similar articles; gaiters, leggings and similar articles, and parts thereof | Manufacture from materials of any heading, except that of the product
Chapter 65 | Headgear and parts thereof | Manufacture from materials of any heading, except that of the product
Chapter 66 | Umbrellas, sun umbrellas, walking-sticks, seat-sticks, whips, riding-crops, and parts thereof: | Manufacture from materials of any heading, except that of the productorManufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
Chapter 67 | Prepared feathers and down and articles made of feathers or of down; artificial flowers; articles of human hair | Manufacture from materials of any heading, except that of the product
ex Chapter 68 | Articles of stone, plaster, cement, asbestos, mica or similar materials, except for: | Manufacture from materials of any heading, except that of the productorManufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
ex ex6803 | Articles of slate or of agglomerated slate | Manufacture from worked slate
ex ex6812 | Articles of asbestos; articles of mixtures with a basis of asbestos or of mixtures with a basis of asbestos and magnesium carbonate | Manufacture from materials of any heading
ex ex6814 | Articles of mica, including agglomerated or reconstituted mica, on a support of paper, paperboard or other materials | Manufacture from worked mica (including agglomerated or reconstituted mica)
Chapter 69 | Ceramic products | Manufacture from materials of any heading, except that of the productorManufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
ex Chapter 70 | Glass and glassware, except for: | Manufacture from materials of any heading, except that of the productorManufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
7006 | Glass of heading 7003 , 7004 or 7005 , bent, edge-worked, engraved, drilled, |
– Glass-plate substrates, coated with a dielectric thin film, and of a semiconductor grade in accordance with SEMII-standards(8) | Manufacture from non-coated glass-plate substrate of heading 7006
– Other | Manufacture from materials of heading 7001
7010 | Carboys, bottles, flasks, jars, pots, phials, ampoules and other containers, of glass, of a kind used for the conveyance or packing of goods; preserving jars of glass; stoppers, lids and other closures, of glass | Manufacture from materials of any heading, except that of the productorCutting of glassware, provided that the total value of the uncut glassware used does not exceed 50 % of the ex-works price of the product
7013 | Glassware of a kind used for table, kitchen, toilet, office, indoor decoration or similar purposes (other than that of heading 7010 or 7018 ) | Manufacture from materials of any heading, except that of the productorCutting of glassware, provided that the total value of the uncut glassware used does not exceed 50 % of the ex-works price of the productorHand-decoration (except silk-screen printing) of hand-blown glassware, provided that the total value of the hand-blown glassware used does not exceed 50 % of the ex-works price of the product
ex Chapter 71 | Natural or cultured pearls, precious or semi-precious stones, precious metals, metals clad with precious metal, and articles thereof; imitation jewellery; coin, except for: | Manufacture from materials of any heading, except that of the productorManufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
7106 , 7108 and 7110 | Precious metals: |
– Unwrought | Manufacture from materials of any heading, except those of headings 7106 , 7108 and 7110orElectrolytic, thermal or chemical separation of precious metals of heading 7106 , 7108 or 7110orFusion and/or alloying of precious metals of heading 7106 , 7108 or 7110 with each other or with base metals
– Semi-manufactured or in powder form | Manufacture from unwrought precious metals
ex ex7107 , ex ex7109 and ex ex7111 | Metals clad with precious metals, semi-manufactured | Manufacture from metals clad with precious metals, unwrought
7115 | Other articles of precious metal or of metal clad with precious metal | Manufacture from materials of any heading, except that of the product
7117 | Imitation jewellery | Manufacture from materials of any heading, except that of the productorManufacture from base metal parts, not plated or covered with precious metals, provided that the value of all the materials used does not exceed 50 % of the ex-works price of the product
ex Chapter 72 | Iron and steel; except for: | Manufacture from materials of any heading, except that of the product
7207 | Semi-finished products of iron or non-alloy steel | Manufacture from materials of heading 7201 , 7202 , 7203 , 7204 , 7205 or 7206
7208 to 7216 | Flat-rolled products, bars and rods, angles, shapes and sections of iron or non-alloy steel | Manufacture from ingots or other primary forms or semi-finished materials of heading 7206 or 7207
7217 | Wire of iron or non-alloy steel | Manufacture from semi-finished materials of heading 7207
721891 and 721899 | Semi-finished products | Manufacture from materials of heading 7201 , 7202 , 7203 , 7204 , 7205 or sub-heading 721810
7219 to 7222 | Flat-rolled products, bars and rods, angles, shapes and sections of stainless steel | Manufacture from ingots or other primary forms or semi-finished materials of heading 7218
7223 | Wire of stainless steel | Manufacture from semi-finished materials of heading 7218
722490 | Semi-finished products | Manufacture from materials of heading 7201 , 7202 , 7203 , 7204 , 7205 or sub-heading 722410
7225 to 7228 | Flat-rolled products, hot-rolled bars and rods, in irregularly wound coils; angles, shapes and sections, of other alloy steel; hollow drill bars and rods, of alloy or non-alloy steel | Manufacture from ingots or other primary forms or semi-finished materials of heading 7206 , 7207 , 7218 or 7224
7229 | Wire of other alloy steel | Manufacture from semi-finished materials of heading 7224
ex Chapter 73 | Articles of iron or steel; except for: | Manufacture from materials of any heading, except that of the product
ex ex7301 | Sheet piling | Manufacture from materials of heading 7207
7302 | Railway or tramway track construction material of iron or steel, the following: rails, check-rails and rack rails, switch blades, crossing frogs, point rods and other crossing pieces, sleepers (cross-ties), fish-plates, chairs, chair wedges, sole pates (base plates), rail clips, bedplates, ties and other material specialised for jointing or fixing rails | Manufacture from materials of heading 7206
7304 , 7305 and 7306 | Tubes, pipes and hollow profiles, of iron (other than cast iron) or steel | Manufacture from materials of heading 7206 , 7207 , 7208 , 7209 , 7210 , 7211 , 7212 , 7218 , 7219 , 7220 or 7224
ex ex7307 | Tube or pipe fittings of stainless steel | Turning, drilling, reaming, threading, deburring and sandblasting of forged blanks, provided that the total value of the forged blanks used does not exceed 35 % of the ex-works price of the product
7308 | Structures (excluding prefabricated buildings of heading 9406 ) and parts of structures (for example, bridges and bridge-sections, lock-gates, towers, lattice masts, roofs, roofing frameworks, doors and windows and their frames and thresholds for doors, shutters, balustrades, pillars and columns), of iron or steel; plates, rods, angles, shapes, sections, tubes and the like, prepared for use in structures, of iron or steel | Manufacture from materials of any heading, except that of the product. However, welded angles, shapes and sections of heading 7301 may not be used
ex ex7315 | Skid chain | Manufacture in which the value of all the materials of heading 7315 used does not exceed 50 % of the ex-works price of the product
ex Chapter 74 | Copper and articles thereof; except for: | Manufacture from materials of any heading, except that of the product
7403 | Refined copper and copper alloys, unwrought | Manufacture from materials of any heading
Chapter 75 | Nickel and articles thereof | Manufacture from materials of any heading, except that of the product
ex Chapter 76 | Aluminium and articles thereof; except for: | Manufacture from materials of any heading, except that of the product
7601 | Unwrought aluminium | Manufacture from materials of any heading
7607 | Aluminium foil (whether or not printed or backed with paper, paperboard, plastics or similar backing materials) of a thickness (excluding any backing) not exceeding 0,2 mm | Manufacture from materials of any heading, except that of the product and heading 7606
Chapter 77 | Reserved for possible future use in the Harmonised System |
ex Chapter 78 | Lead and articles thereof, except for: | Manufacture from materials of any heading, except that of the product
7801 | Unwrought lead: |
– Refined lead | Manufacture from materials of any heading
– Other | Manufacture from materials of any heading, except that of the product. However, waste and scrap of heading 7802 may not be used
Chapter 79 | Zinc and articles thereof: | Manufacture from materials of any heading, except that of the product
Chapter 80 | Tin and articles thereof | Manufacture from materials of any heading, except that of the product
Chapter 81 | Other base metals; cermets; articles thereof | Manufacture from materials of any heading
ex Chapter 82 | Tools, implements, cutlery, spoons and forks, of base metal; parts thereof of base metal; except for: | Manufacture from materials of any heading, except that of the productorManufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
8206 | Tools of two or more of the headings 8202 to 8205 , put up in sets for retail sale | Manufacture from materials of any heading, except those of headings 8202 to 8205 . However, tools of headings 8202 to 8205 may be incorporated into the set, provided that their total value does not exceed 15 % of the ex-works price of the set
8211 | Knives with cutting blades, serrated or not (including pruning knives), other than knives of heading 8208 , and blades therefor | Manufacture from materials of any heading, except that of the product. However, knife blades and handles of base metal may be used
8214 | Other articles of cutlery (for example; hair clippers, butchers’ or kitchen cleavers, choppers and mincing knives, paper knives); manicure or pedicure sets and instruments (including nail files) | Manufacture from materials of any heading, except that of the product. However, handles of base metal may be used
8215 | Spoons, forks, ladles, skimmers, cake-servers, fish-knives, butter-knives, sugar tongs and similar kitchen or tableware | Manufacture from materials of any heading, except that of the product. However, handles of base metal may be used
ex Chapter 83 | Miscellaneous articles of base metal; except for: | Manufacture from materials of any heading, except that of the productorManufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
ex ex8302 | Other mountings, fittings and similar articles suitable for buildings, and automatic door closers | Manufacture from materials of any heading, except that of the product. However, other materials of heading 8302 may be used, provided that their total value does not exceed 20 % of the ex-works price of the product
ex ex8306 | Statuettes and other ornaments, of base metal | Manufacture from materials of any heading, except that of the product. However, other materials of heading 8306 may be used, provided that their total value does not exceed 30 % of the ex-works price of the product
ex Chapter 84 | Nuclear reactors, boilers, machinery and mechanical appliances; parts thereof; except for: | Manufacture from materials of any heading, except that of the productorManufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
8401 | Nuclear reactors; fuel elements (cartridges), non-irradiated, for nuclear reactors; machinery and apparatus for isotopic separation | Manufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
8407 | Spark-ignition reciprocating or rotary internal combustion piston engines | Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
8408 | Compression-ignition internal combustion piston engines (diesel or semi-diesel engines | Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
8427 | Fork-lift trucks; other works trucks fitted with lifting or handling equipment | Manufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
8482 | Ball or roller bearings | Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
ex Chapter 85 | Electrical machinery and equipment and parts thereof; sound recorders and reproducers, television image and sound recorders and reproducers, and parts and accessories of such articles; except for: | Manufacture from materials of any heading, except that of the productorManufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
8501 , 8502 | Electric motors and generators; Electric generating sets and rotary converters | Manufacture from materials of any heading, except that of the product and of heading 8503orManufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
8513 | Portable electric lamps designed to function by their own source of energy (for example, dry batteries, accumulators, magnetos), other than lighting equipment of heading 8512 | Manufacture from materials of any heading, except that of the product.orManufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
8519 | Sound recording and sound reproducing apparatus | Manufacture from materials of any heading, except that of the product and of heading 8522orManufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
8521 | Video recording or reproducing apparatus, whether or not incorporating a video tuner | Manufacture from materials of any heading, except that of the product and of heading 8522orManufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
8523 | Prepared unrecorded media for sound recording or similar recording of other phenomena, other than products of Chapter 37 | Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
8525 | Transmission apparatus for radio-broadcasting or television, whether or not incorporating reception apparatus or sound recording or reproducing apparatus; television cameras, digital cameras and other video camera recorders | Manufacture from materials of any heading, except that of the product and of heading 8529orManufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
8526 | Radar apparatus, radio navigational aid apparatus and radio remote control apparatus | Manufacture from materials of any heading, except that of the product and of heading 8529orManufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
8527 | Reception apparatus for radio-broadcasting, whether or not combined, in the same housing, with sound recording or reproducing apparatus or a clock | Manufacture from materials of any heading, except that of the product and of heading 8529orManufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
8528 | Monitors and projectors, not incorporating television reception apparatus; reception apparatus for television, whether or not incorporating radio-broadcast receivers or sound or video recording or reproducing apparatus | Manufacture from materials of any heading, except that of the product and of heading 8529orManufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
8535 to 8537 | Electrical apparatus for switching or protecting electrical circuits, or for making connections to or in electrical circuits; connectors for optical fibres, optical fibre bundles or cables; boards, panels, consoles, desks, cabinets and other bases, for electric control or the distribution of electricity | Manufacture from materials of any heading, except that of the product and of heading 8538orManufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
854011 and 854012 | Cathode ray television picture tubes, including video monitor cathode ray tubes | Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
854231 to 854233 and 854239 | Monolithic integrated circuits | Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the productorThe operation of diffusion, in which integrated circuits are formed on a semi-conductor substrate by the selective introduction of an appropriate dopant, whether or not assembled and/or tested in a non-party
8544 | Insulated (including enamelled or anodised) wire, cable (including coaxial cable) and other insulated electric conductors, whether or not fitted with connectors; optical fibre cables, made up of individually sheathed fibres, whether or not assembled with electric conductors or fitted with connectors | Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
8545 | Carbon electrodes, carbon brushes, lamp carbons, battery carbons and other articles of graphite or other carbon, with or without metal, of a kind used for electrical purposes | Manufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
8546 | Electrical insulators of any material | Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
8547 | Insulating fittings for electrical machines, appliances or equipment, being fittings wholly of insulating materials apart from any minor components of metal (for example, threaded sockets) incorporated during moulding solely for purposes of assembly, other than insulators of heading 8546 ; electrical conduit tubing and joints therefore, of base metal lined with insulating material | Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
8548 | Waste and scrap of primary cells, primary batteries and electric accumulators; spent primary cells, spent primary batteries and spent electric accumulators; electrical parts of machinery or apparatus, not specified or included elsewhere in this Chapter | Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
Chapter 86 | Railway or tramway locomotives, rolling-stock and parts thereof; railway or tramway track fixtures and fittings and parts thereof; mechanical (including electro-mechanical) traffic signalling equipment of all kinds: | Manufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
ex Chapter 87 | Vehicles other than railway or tramway rolling-stock, and parts and accessories thereof; except for: | Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
8711 | Motorcycles (including mopeds) and cycles fitted with an auxiliary motor, with or without side-cars; side-cars | Manufacture from materials of any heading, except that of the productorManufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
ex Chapter 88 | Aircraft, spacecraft, and parts thereof, except for: | Manufacture from materials of any heading, except that of the productorManufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
ex ex8804 | Rotochutes | Manufacture from materials of any heading, including other materials of heading 8804orManufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
Chapter 89 | Ships, boats and floating structures | Manufacture from materials of any heading, except that of the productorManufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
ex Chapter 90 | Optical, photographic, cinematographic, measuring, checking, precision, medical or surgical instruments and apparatus; parts and accessories thereof, except for: | Manufacture from materials of any heading, except that of the productorManufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
9002 | Lenses, prisms, mirrors and other optical elements, of any material, mounted, being parts of or fittings for instruments or apparatus, other than such elements of glass not optically worked | Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
9033 | Parts and accessories (not specified or included elsewhere in this Chapter) for machines, appliances, instruments or apparatus of Chapter 90 | Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
Chapter 91 | Clocks and watches and parts thereof | Manufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
Chapter 92 | Musical instruments; parts and accessories of such articles | Manufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
Chapter 93 | Arms and ammunition; parts and accessories thereof | Manufacture in which the value of all the materials used does not exceed 50 % of the ex-works price of the product
Chapter 94 | Furniture; bedding, mattresses, mattress supports, cushions and similar stuffed furnishings; lamps and lighting fittings, not elsewhere specified or included; illuminated signs, illuminated name-plates and the like; prefabricated buildings | Manufacture from materials of any heading, except that of the productorManufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
ex Chapter 95 | Toys, games and sports requisites; parts and accessories thereof, except for: | Manufacture from materials of any heading, except that of the productorManufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
ex ex9506 | Golf clubs and parts thereof | Manufacture from materials of any heading, except that of the product. However, roughly-shaped blocks for making golf-club heads may be used
ex Chapter 96 | Miscellaneous manufactured articles, except for: | Manufacture from materials of any heading, except that of the productorManufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
9601 and 9602 | Worked ivory, bone, tortoiseshell, horn, antlers, coral, mother-of-pearl and other animal carving material, and articles of these materials (including articles obtained by moulding.Worked vegetable or mineral carving material and articles of these materials; moulded or carved articles of wax, of stearin, of natural gums or natural resins or of modelling pastes, and other moulded or carved articles, not elsewhere specified or included; worked, unhardened gelatine (except gelatine of heading 3503 ) and articles of unhardened gelatine | Manufacture from materials of any heading
9603 | Brooms, brushes (including brushes constituting parts of machines, appliances or vehicles), hand-operated mechanical floor sweepers, not motorized, mops and feather dusters; prepared knots and tufts for broom or brush making; paint pads and rollers, squeegees (other than roller squeegees) | Manufacture in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
9605 | Travel sets for personal toilet, sewing or shoe or clothes cleaning | Each item in the set must satisfy the rule which would apply to it if it were not included in the set. However, non-originating articles may be incorporated, provided that their total value does not exceed 15 % of the ex-works price of the set
9606 | Buttons, press-fasteners, snap-fasteners and press-studs, button moulds and other parts of these articles; button blanks | Manufacture:—from materials of any heading, except that of the product, and—in which the value of all the materials used does not exceed 70 % of the ex-works price of the product | — | from materials of any heading, except that of the product, and | — | in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
— | from materials of any heading, except that of the product, and
— | in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
9608 | Ball-point pens; felt-tipped and other porous-tipped pens and markers; fountain pens, stylograph pens and other pens; duplicating stylos; propelling or sliding pencils; pen-holders, pencilholders and similar holders; parts (including caps and clips) of the foregoing articles, other than those of heading 9609 | Manufacture from materials of any heading, except that of the product. However, nibs or nib-points of the same heading as the product may be used
9612 | Typewriter or similar ribbons, inked or otherwise prepared for giving impressions, whether or not on spools or in cartridges; ink-pads, whether or not inked, with or without boxes | Manufacture:—from materials of any heading, except that of the product, and—in which the value of all the materials used does not exceed 70 % of the ex-works price of the product | — | from materials of any heading, except that of the product, and | — | in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
— | from materials of any heading, except that of the product, and
— | in which the value of all the materials used does not exceed 70 % of the ex-works price of the product
961320 | Pocket lighters, gas fuelled, refillable | Manufacture in which the total value of the materials of heading 9613 used does not exceed 30 % of the ex-works price of the product
9614 | Smoking pipes (including pipe bowls) and cigar or cigarette holders, and parts thereof | Manufacture from materials of any heading
Chapter 97 | Works of art, collectors’ pieces and antiques | Manufacture from materials of any heading, except that of the product
(1) See Introductory Note 4.2.
(2) For the special conditions relating to ‘specific processes’, see Introductory Notes 8.1 and 8.3.
(3) For the special conditions relating to ‘specific processes’, see Introductory Note 8.2.
(4) In the case of the products composed of materials classified within both headings 3901 to 3906, on the one hand, and within headings 3907 to 3911, on the other hand, this restriction only applies to that group of materials which predominates by weight in the product.
(5) For special conditions relating to products made of a mixture of textile materials, see Introductory Note 6.
(6) The use of this material is restricted to the manufacture of woven fabrics of a kind used in paper-making machinery.
(7) See Introductory Note 7.
(8) SEMII – Semiconductor Equipment and Materials Institute Incorporated

FORM FOR MOVEMENT CERTIFICATE EUR.1

Appendix III
| 1. | Movement certificates EUR.1 shall be made out on the form of which a specimen appears in this Appendix. This form shall be printed in one or more of the languages in which this Decision is drawn up. Certificates shall be made out in one of these languages and in accordance with the provisions of the domestic law of the exporting State if they are handwritten, they shall be completed in ink and in capital letters.
| 2. | Each certificate shall measure 210 × 297 mm, a tolerance of up to plus 8 mm or minus 5 mm in the length may be allowed. The paper used must be white, sized for writing, not containing mechanical pulp and weighing not less than 25 g/m2. It shall have a printed green guilloche pattern background making any falsification by mechanical or chemical means apparent to the eye.
| 3. | The exporting States may reserve the right to print the certificates themselves or may have them printed by approved printers. In the latter case each certificate must include a reference to such approval. Each certificate must bear the name and address of the printer or a mark by which the printer can be identified. It shall also bear a serial number, either printed or not, by which it can be identified.

MOVEMENT CERTIFICATE 1. Exporter (name, full address, country)
EUR.1 No A 000.000
See notes overleaf before completing this form 2. Certificate used in preferential trade between
and
(insert appropriate countries, groups of countries or territories) 3. Consignee (name, full address, country) (Optional) 4. Country, group of countries or territory in which the products are considered as originating 5. Country, group of countries or territory of destination 6. Transport details (Optional) 7. Remarks 8. Item number; Marks and numbers; Number and kind of packages (1); Description of goods 9. Gross mass (kg) or other measure (litres, m3, etc.) 10. Invoices
(Optional) 11. CUSTOMS ENDORSEMENT
Declaration certified
Export document (2) Form …
No …
Customs office …
Issuing country or territory
Date …
(Signature)
Stamp 12. DECLARATION BY THE EXPORTER
I, the undersigned, declare that the goods described above meet the conditions required for the issue of this certificate.
Place and date …
(Signature)
(1) If goods are not packed, indicate number of articles or state ‘In bulk’ as appropriate.
(2) Complete only where the regulations of the exporting country or territory require.

13. Request for verification, to: 14. Result of verification
Verification carried out shows that this certificate (*)
was issued by the customs office indicated and that the information contained therein is accurate.
does not meet the requirements as to authenticity and accuracy (see remarks appended).
Verification of the authenticity and accuracy of this certificate is requested.
(Place and date)
Stamp
(Signature)
(Place and date)
Stamp
(Signature)
(*) Insert X in the appropriate box.
NOTES 1. Certificates must not contain erasures or words written over one another. Any alterations must be made by deleting the incorrect particulars and adding any necessary corrections. Any such alteration must be initialled by the person who completed the certificate and endorsed by the customs authorities of the issuing country or territory. 2. No spaces must be left between the items entered on the certificate and each item must be preceded by an item number. A horizontal line must be drawn immediately below the last item. Any unused space must be struck through in such a manner as to make any later additions impossible. 3. Goods must be described in accordance with commercial practice and with sufficient detail to enable them to be identified.

APPLICATION FOR A MOVEMENT CERTIFICATE EUR.1

Appendix IV
1. Exporter (name, full address, country)
EUR.1
No A 000.000
See notes overleaf before completing this form 2. Application for a certificate to be used in preferential trade between
and
(insert appropriate countries or groups of countries or territories) 3. Consignee (name, full address, country) (Optional) 4. Country, group of countries or territory in which the products are considerated as originating 5. Country, group of countries or territory of destination 6. Transport details (Optional) 7. Remarks 8. Item number; Mark and number; Number and kind of packages (1); Description of goods 9. Gross mass (kg) or other measure (litres, m3, etc.) 10. Invoice (Optional)
(1) If goods are not packed, indicate number of articles or state ‘in bulk’ as appropriate.
Appendix V

DECLARATION BY THE EXPORTER
I, the undersigned, exporter of the goods described overleaf,
DECLARE
that the goods meet the conditions required for the issue of the attached certificate;
SPECIFY
as follows the circumstances which have enabled these goods to meet the above conditions:
SUBMIT
the following supporting documents (1):
UNDERTAKE
to submit, at the request of the appropriate authorities, any supporting evidence which these authorities may require for the purpose of issuing the attached certificate, and undertake, if required, to agree to any inspection of my accounts and to any check on the processes of manufacture of the above goods, carried out by the said authorities;
REQUEST
the issue of the attached certificate for these goods.
(Place and date)
(Signature)
(1) For example, import documents, movement certificates, manufacturer’s declarations, etc. referring to the products used in manufacture or to the goods re-exported in the same state.

ORIGIN DECLARATION

Appendix VIThe origin declaration, the text of which is given below, must be made out in accordance with the footnotes. However, the footnotes do not have to be reproduced.

Spanish version
El exportador de los productos incluidos en el presente documento (autorización aduanera no…(1)) declara que, salvo indicación en sentido contrario, estos productos gozan de un origen preferencial. …(2).

Czech version
Vývozce výrobků uvedených v tomto dokumentu (číslo povolení …(1)) prohlašuje, že kromě zřetelně označených, mají tyto výrobky preferenční původ v …(2).

Danish version
Eksportøren af varer, der er omfattet af nærværende dokument, (toldmyndighedernes tilladelse nr. …(1)), erklærer, at varerne, medmindre andet tydeligt er angivet, har præferenceoprindelse i …(2).

German version
Der Ausführer (Ermächtigter Ausführer; Bewilligungs-Nr. …(1)) der Waren, auf die sich dieses Handelspapier bezieht, erklärt, dass diese Waren, soweit nicht anderes angegeben, präferenzbegünstigte …(2)Ursprungswaren sind.

Estonian version
Käesoleva dokumendiga hõlmatud toodete eksportija (tolliameti kinnitus nr. …(1)) deklareerib, et need tooted on …(2)sooduspäritoluga, välja arvatud juhul kui on selgelt näidatud teisiti.

Greek version
Ο εξαγωγέας των προϊόντων που καλύπτονται από το παρόν έγγραφο (άδεια τελωνείου υπ’ αριθ. …(1)) δηλώνει ότι, εκτός εάν δηλώνεται σαφώς άλλως, τα προϊόντα αυτά είναι προτιμησιακής καταγωγής …(2).

English version
The exporter of the products covered by this document (customs authorization No …(1)) declares that, except where otherwise clearly indicated, these products are of …(2)preferential origin.

French version
L’exportateur des produits couverts par le présent document (autorisation douanière no…(1)) déclare que, sauf indication claire du contraire, ces produits ont l’origine préférentielle …(2).

Croatian version
Izvoznik proizvoda obuhvaćenih ovom ispravom (carinsko ovlaštenje br. …(1)) izjavljuje da su, osim ako je drukčije izričito navedeno, ovi proizvodi …(2)preferencijalnog podrijetla.

Italian version
L’esportatore delle merci contemplate nel presente documento (autorizzazione doganale n. …(1)) dichiara che, salvo indicazione contraria, le merci sono di origine preferenziale …(2).

Latvian version
Eksportētājs produktiem, kuri ietverti šajā dokumentā (muitas pilnvara Nr. …(1)), deklarē, ka, iznemot tur, kur ir citādi skaidri noteikts, šiem produktiem ir priekšrocību izcelsme no …(2).

Lithuanian version
Šiame dokumente išvardintų produktų eksportuotojas (muitinės liudijimo Nr …(1)) deklaruoja, kad, jeigu kitaip nenurodyta, tai yra …(2)preferencinės kilmės produktai.

Hungarian version
A jelen okmányban szereplő áruk exportőre (vámfelhatalmazási szám: …(1)) kijelentem, hogy eltérő jelzés hiányában az áruk kedvezményes …(2)származásúak.

Maltese version
L-esportatur tal-prodotti koperti b’dan id-dokument (awtorizzazzjoni tad-dwana nru. …(1)) jiddikjara li, ħlief fejn indikat b’mod ċar li mhux hekk, dawn il-prodotti huma ta’ oriġini preferenzjali …(2).

Dutch version
De exporteur van de goederen waarop dit document van toepassing is (douanevergunning nr. …(1)), verklaart dat, behoudens uitdrukkelijke andersluidende vermelding, deze goederen van preferentiële … oorsprong zijn(2).

Polish version
Eksporter produktów objętych tym dokumentem (upoważnienie władz celnych nr …(1)) deklaruje, że z wyjątkiem gdzie jest to wyraźnie określone, produkty te mają …(2)preferencyjne pochodzenie.

Portuguese version
O abaixo assinado, exportador dos produtos cobertos pelo presente documento (autorização aduaneira no. …(1)), declara que, salvo expressamente indicado em contrário, estes produtos são de origem preferencial …(2).

Slovenian version
Izvoznik blaga, zajetega s tem dokumentom (pooblastilo carinskih organov št …(1)) izjavlja, da, razen če ni drugače jasno navedeno, ima to blago preferencialno …(2)poreklo.

Slovak version
Vývozca výrobkov uvedených v tomto dokumente (číslo povolenia …(1)) vyhlasuje, že okrem zreteľne označených, majú tieto výrobky preferenčný pôvod v …(2).

Finnish version
Tässä asiakirjassa mainittujen tuotteiden viejä (tullin lupa n:o …(1)) ilmoittaa, että nämä tuotteet ovat, ellei toisin ole selvästi merkitty, etuuskohteluun oikeutettuja … alkuperätuotteita(2).

Swedish version
Exportören av de varor som omfattas av detta dokument (tullmyndighetens tillstånd nr. …(1)) försäkrar att dessa varor, om inte annat tydligt markerats, har förmånsberättigande … ursprung(2).

Bulgarian version
Износителят на продуктите, обхванати от този документ (митническо разрешение № …(1)) декларира, че освен кьдето е отбелязано друго, тези продукти са с … преференциален произход(2).

Romanian version
Exportatorul produselor ce fac obiectul acestui document (autorizația vamală nr. …(1)) declară că, exceptând cazul în care în mod expres este indicat altfel, aceste produse sunt de origine preferențială …(2).
…(3)
(Place and date)
…(4)
(Signature of the exporter, in addition to the name of the person signing the declaration has to be indicated in clear script)

(1) When the origin declaration is made out by an approved exporter, the authorisation number of the approved exporter must be entered in this space. When the origin declaration is not made out by an approved exporter, the words in brackets shall be omitted or the space left blank.
(2) Origin of products to be indicated. When the origin declaration relates in whole or in part, to products originating in Ceuta and Melilla, the exporter must clearly indicate them in the document on which the declaration is made out by means of the symbol ‘CM’.
(3) These indications may be omitted if the information is contained on the document itself.
(4) In cases where the exporter is not required to sign, the exemption of signature also implies the exemption of the name of the signatory.

Appendix VII

SUPPLIER’S DECLARATION FOR PRODUCTS HAVING PREFERENTIAL ORIGIN STATUS
I, the undersigned, declare that the goods listed on this invoice … (1) were produced in … (2) and satisfy the rules of origin governing preferential trade between the OCTs and the European Union.
I undertake to make available to the customs authorities, if required, evidence in support of this declaration.
… (3) … (4) … (5) Note
The abovementioned text, suitably completed in conformity with the footnotes below, constitutes a supplier’s declaration. The footnotes do not have to be reproduced.
(1) — If only some of the goods listed on the invoice are concerned they should be clearly indicated or marked and this marking entered on the declaration as follows: ‘… listed on this invoice and marked … were produced …’
If a document other than an invoice or an annex to the invoice is used (see Article 32(3)), the name of the document concerned shall be mentioned instead of the word ‘invoice’
(2) The European Union, Member State, EPA country or OCTs. Where an EPA country or an OCTs is given, a reference must also be made to the European Union customs office holding any EUR.1 (s) concerned, giving the No of the certificate(s) concerned and, if possible, the relevant customs entry No involved.
(3) Place and date
(4) Name and function in company
(5) Signature

Appendix VIII

SUPPLIER’S DECLARATION FOR PRODUCTS NOT HAVING PREFERENTIAL ORIGINAL STATUS
I, the undersigned, declare that the goods listed on this invoice … (1) were produced in … (2) and incorporate the following components or materials which do not have APE, OCT or European Union origin for preferential trade:
… (3) … (4) … (5) … (6) I undertake to make available to the customs authorities, if required, evidence in support of this declaration.
… (7) … (8) … (9) Note
The above mentioned text, suitably completed in conformity with the footnotes below, constitutes a supplier’s declaration. The footnotes do not have to be reproduced.
(1) — If only some of the goods listed on the invoice are concerned they should be clearly indicated or marked and this marking entered on the declaration as follows: ‘… listed on this invoice and marked … were produced …’.
If a document other than an invoice or an annex to the invoice is used (see Article 32(3)), the name of the document concerned shall be mentioned instead of the word ‘invoice’
(2) The European Union, Member State, APE country or OCTs.
(3) Description is to be given in all cases. The description must be adequate and should be sufficiently detailed to allow the tariff classification of the goods concerned to be determined.
(4) Customs values to be given only if required
(5) Country of origin to be given only if required. The origin to be given must be a preferential origin, all other origins to be given as ‘third country’.
(6) ‘and have undergone the following processing in [the European Union] [Member State] [APE country] [OCTs] [ ] …’, to be added with a description of the processing carried out if this information is required.
(7) Place and date.
(8) Name and function in company.
(9) Signature.

Information certificate

Appendix IX
| 1. | The form of the information certificate given in this Annex shall be used and printed in one or more of the official languages in which the Agreement is drawn up and in accordance with the provisions of the domestic law of the exporting country or territory. Information certificates shall be completed in one of those languages; if they are handwritten, they shall be completed in ink in capital letters. They shall bear a serial number, whether or not printed, by which they can be identified.
| 2. | The information certificate shall measure 210 x 297 mm, a tolerance of up to plus 8 mm or minus 5 mm in the length may be allowed. The paper must be white, sized for writing, not containing mechanical pulp and weighing not less than 25 g/m2.
| 3. | The administrators of the country or territory may reserve the right to print the forms themselves or may have them printed by printers approved by them. In the latter case, each form must include a reference to such approval. The forms shall bear the name and address of the printer or a mark by which the printer can be identified.
1. Supplier (1) INFORMATION CERTIFICATE
to facilitate the issue of a
MOVEMENT CERTIFICATE
for preferential trade between the 2. Consignee (1) EUROPEAN UNION
and the OCTs 3. Processor (1) 4. State in which the working or processing has been carried out 6. Customs office of importation (1) 5. For official use 7. Import document (2) Form …
No …
Series …
Date
GOODS SENT TO THE MEMBER STATES OF DESTINATION 8. Marks, numbers, quantity and kind of package 9. Harmonised Commodity Description and Coding System heading/subheading number (HS code) 10. Quantity (3) 11. Value (4) IMPORTED GOODS USED 12. Harmonised Commodity Description and Coding System heading/subheading number (HS code) 13. Country of origin 14. Quantity (3) 15. Value (2) (5) 16. Nature of working or processing carried out 17. Remarks 18. CUSTOMS ENDORSEMENT
Declaration certified:
Official Stamp
Document: …
Form: …
No …
Customs office …
Date
(Signature) 19. DECLARATION BY THE SUPPLIER
I the undersigned, declare that the information on this certificate is accurate.
(Place)
(Date)
(Signature)

REQUEST FOR VERIFICATION
The undersigned customs official requests verification of the authenticity and accuracy of this information certificate.
(Place and date)
Official Stamp
(Official’s signature)
RESULT OF VERIFICATION
Verification carried out shows that this certificate (1) a) was issued by the Customs Office indicated and that the information contained therein is accurate (*) b) does not meet the requirements as to authenticity and accuracy (see notes appended). (*)
(Place and date)
Official Stamp
(Official’s signature)
(*) Delete where not applicable
CROSS REFERENCES
(1) Name of individual or business and full address.
(2) Optional information.
(3) Kg, hl, m3 or other measure.
(4) Packaging shall be considered as forming a whole with the goods contained therein. However, this provision shall not apply to packaging which is not of the normal type for the article packed, and which has a lasting utility value of its own, apart from its function as packaging.
(5) The value must be indicated in accordance with the provisions on rules of origin.

Appendix X

FORM FOR APPLICATION FOR A DEROGATION 1. COMMERCIAL DESCRIPTION OF THE FINISHED PRODUCT
1.1. Customs classification (H.S. code) 2. COMMERCIAL DESCRIPTION OF NON-ORIGINATING MATERIALS
2.1. Customs classification (H. S. code) 3. Anticipated annual quantity of exports to the Union (expressed in weight, No of articles, meters or other unit) 4. VALUE OF FINISHED PRODUCTS 5. VALUE OF THE NON-ORIGINATING MATERIALS 6. ORIGIN OF NON-ORIGINATING MATERIALS 7. REASONS WHY THE RULE OF ORIGIN FOR THE FINISHED PRODUCT CANNOT BE FULFILLED 8. DURATION REQUESTED FOR DEROGATION
From dd/mm/yyyy to dd/mm/yyyy 9. POSSIBLE DEVELOPMENTS TO OVERCOME THE NEED FOR A DEROGATION 10. INFORMATION ABOUT THE COMPANY
Capital structure of the firm concerned/Amount of investments made or foreseen/Staff employed or expected to be employed

Appendix XI

APPLICATION TO BECOME A REGISTERED EXPORTER 1. Exporter’s name, full address and country (Non Confidential) 2. Contact details including telephone and fax number as well as e-mail address where available (Confidential) 3. Description of your activities, specifying whether your main activity is producing or trading (Non Confidential) and, where applicable, industrial process (Confidential). 4. Indicative description of goods which qualify for preferential treatment, including indicative list of Harmonised System four-digit headings (or chapters where goods traded fall within more than twenty Harmonised System headings). 5. Undertaking by exporter
The undersigned hereby declares that the above details are correct and:
certifies not to have had a previous registration withdrawn and, should this be the case, certifies to have remedied the situation which led to such withdrawal;
undertakes to make out statements on origin only for goods which qualify for preferential treatment and comply with the origin rules specified for those goods in this Annex;
undertakes to maintain appropriate commercial accounting records for production/supply of goods qualifying for preferential treatment and to keep them for at least three years from the date of making out of the statement on origin;
undertakes to accept any control on the accuracy of his statements on origin, including verification of accounting records and visits to his premises by the Commission or Member States’ authorities;
undertakes to request his removal from the record of registered exporters should he no longer meet the conditions for exporting any goods under this Decision or no longer intend to export such goods.
Place, date and signature of authorised signatory; designation and/or title

6. Prior specific and informed consent of exporter to the publication of his/her personal data on the internet
The undersigned is hereby informed that the information supplied may be stored on a database of the Commission and that the particulars may be disclosed to the public via the internet, with the exception of the information which is marked in this application as confidential. He accepts the publication and disclosure of this information via the internet. The undersigned may withdraw his consent to the publication of this information via the internet by sending [electronic mail, fax, written correspondence] to the following address:
Place, date and signature of authorised signatory; designation and/or title 7. Box for official use by governmental authority
The applicant is registered under the following number:
Registered Number: …
Date of registration …
Period of validity from …
Signature and stamp …
Important remark to the attention of the applicant: Please note that all data marked ‘non confidential’ will be included in a database accessible to the public; data marked ‘confidential’ will be accessible to your competent governmental authorities and competent authorities of the Union and its Member States

STATEMENT ON ORIGIN

Appendix XIITo be made out on any commercial documents showing the name and full address of the exporter and consignee as well as a description of the goods and the date of issue(1)

French version
L’exportateur (Numéro d’exportateur enregistré – excepté lorsque la valeur des produits originaires contenus dans l’envoi est inférieure à EUR 10 000(2)) des produits couverts par le présent document déclare que, sauf indication claire du contraire, ces produits ont l’origine préférentielle …(3)au sens des règles d’origine de la Décision d’association des pays et territoires d’outre-mer et que le critère d’origine satisfait est …(4)

English version
The exporter (Number of Registered Exporter – unless the value of the consigned originating products does not exceed EUR 10 000(2)) of the products covered by this document declares that, except where otherwise clearly indicated, these products are of … preferential origin(3)according to rules of origin of the Decision on the association of the overseas countries and territories and that the origin criterion met is …(4)

(1) Where the statement on origin replaces another statement in accordance with Article 48 of this Annex, this shall be indicated and the date of issue of the original statement shall also always be mentioned.
(2) Where the statement on origin replaces another statement, the subsequent holder of the goods establishing such a statement shall indicate his name and full address followed by the mention ‘acting on the basis of the statement on origin made out by [name and full address of the exporter in the OCTs], registered under the following number [Number of Registered Exporter of the exporter in the OCTs]’.
(3) Country of origin of products to be indicated. When the statement on origin relates, in whole or in part, to products originating in Ceuta and Melilla within the meaning of Article 62 of this Annex, the exporter must clearly indicate them in the document on which the statement is made out by means of the symbol ‘CM’.
(4) Products wholly obtained: enter the letter ‘P’; Products sufficiently worked or processed: enter the letter ‘W’ followed by the Harmonised Commodity Description and Coding System (Harmonised System) heading at the four-digit level of the exported product (example ‘W’
9618); where appropriate, the above mention shall be replaced with one of the following indications: ‘EU cumulation’, ‘OCTs cumulation’, ‘cumulation with EPA country’
‘extended cumulation with country x’ or ‘Cumul UE’, ‘cumul OCTs’, ‘cumul avec pays APE’, ‘cumul étendu avec le pays x’.

Appendix XIII
Materials excluded from cumulation provisions referred to in article 8 of this annex until 1 october 2015

HS/CN-Code | Description
1701 | Cane or beet sugar and chemically pure sucrose, in solid form.
1702 | Other sugars, including chemically pure lactose, maltose, glucose and fructose, in solid form; sugar syrups not containing added flavouring or colouring matter; artificial honey, whether or not mixed with natural honey; caramel.
ex 1704 90 corresponding to 1704 90 99 | Sugar confectionery, not containing cocoa (excl. chewing gum; liquorice extract containing more than 10 % by weight of sucrose but not containing other added substances; white chocolate; pastes, including marzipan in immediate packings of a net content of 1 kg or more; throat pastilles and cough drops; sugar-coated (panned) goods; gum confectionery and jelly confectionery, including fruit pastes in the form of sugar confectionery; boiled sweets; toffees; caramels and similar sweet; compressed tablets)
ex 1806 10 corresponding to 1806 10 30 | Cocoa powder, containing 65 % or more but less than 80 % by weight of sucrose (including invert sugar expressed as sucrose) or isoglucose expressed as sucrose
ex 1806 10 corresponding to 1806 10 90 | Cocoa powder containing 80 % or more by weight of sucrose (including invert sugar expressed as sucrose) or isoglucose expressed as sucrose
ex 1806 20 corresponding to 1806 20 95 | Food preparations containing cocoa in blocks, slabs or bars weighing more than 2 kg or in liquid, paste, powder, granular or other bulk form in containers or immediate packings, of a content exceeding 2 kg (excl. cocoa powder, preparations containing 18 % or more by weight of cocoa butter or containing a combined weight of 25 % or more of cocoa butter and milkfat; chocolate milk crumb; chocolate flavour coating; chocolate and chocolate products; sugar confectionery and substitutes thereof made from sugar substitution products, containing cocoa; spreads containing cocoa; preparations containing cocoa for making beverages)
ex 1901 90 corresponding to 1901 90 99 | Food preparations of flour, groats, meal, starch or malt extract, not containing cocoa or containing less than 40 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included, food preparations of goods of headings 0401 to 0404 , not containing cocoa or containing less than 5 % by weight of cocoa calculated on a totally defatted basis, not elsewhere specified or included (excl. food preparations containing nor or less than 1,5 % milkfat, 5 % sucrose (including invert sugar) or isoglucose, 5 % glucose or starch; food preparations in powder form of goods of headings 0401 to 0404 ; preparations for infant use, put up for retail sale; mixes and doughs for the preparation of bakers’ wares of heading 1905 )
ex 2101 12 corresponding to 2101 12 98 | Products with a basis of coffee (excl. extracts, essences and concentrates of coffee and preparations with a basis of these extracts, essences or concentrates)
ex 2101 20 corresponding to 2101 20 98 | Products with a basis of tea or maté (excl. extracts, essences and concentrates of tea or maté and preparations with a basis of these extracts, essences or concentrates)
ex 2106 90 corresponding to 2106 90 59 | Flavoured or coloured sugar syrups (excl. isoglucose syrups, lactose syrup, glucose syrup and maltodextrine syrup)
ex 2106 90 corresponding to 2106 90 98 | Food preparations not elsewhere specified or included (excl. protein concentrates and textured protein substances; compound alcoholic preparations, other than those based on odoriferous substance, of a kind used for the manufacture of beverages; flavoured or coloured sugar syrups; preparations containing no less than 1,5 % milkfat; 5 % sucrose or isoglucose, 5 % glucose or starch)
ex 3302 10 corresponding to 3302 10 29 | Preparations based on odoriferous substances of a kind used as raw materials in the drinks industries containing all flavouring agents characterising a beverage with an actual alcoholic strength by volume not exceeding 0,5 % (excl. preparations containing no less than 1,5 % milkfat, 5 % sucrose or isoglucose, 5 glucose or starch)

TEMPORARY WITHDRAWAL OF PREFERENCES

ANNEX VII
Article 1
Principles concerning the withdrawal of preferences 1. The preferential arrangements provided for under Article 43 of this Decision may be withdrawn temporarily, in respect of all or of certain products originating in an OCTs, in cases of:
(a) fraud;
(b) irregularities or systematic failure to comply with or to ensure compliance with the rules concerning the origin of the products and with the procedures related thereto; or
(c) failure to provide the administrative cooperation referred to in paragraph 2 of this Article and Title V of Annex VI as required for the implementation and policing of the arrangements referred to in Articles 43 to 49 of this Decision. 2. The administrative cooperation referred to in paragraph 1 requires, inter alia, that an OCTs:
(a) communicates to the Commission and updates the information necessary for the implementation of the rules of origin and the policing thereof;
(b) assists the Union by carrying out, at the request of the customs authorities of the Member States, subsequent verification of the origin of the goods, and communicates its results in time;
(c) carries out or arranges for appropriate inquiries to identify and prevent contravention of the rules of origin;
(d) assists the Union by allowing the Commission, in coordination and close cooperation with the competent authorities of the Member States, to conduct Union inquiries on its territory, in order to verify the authenticity of documents or the accuracy of information relevant for granting the benefit of the arrangements referred to in Article 43 of this Decision;
(e) complies with or ensure compliance with the rules of origin in respect of cumulation, within the meaning of Articles 7 to 10 of Annex VI;
(f) assists the Union in the verification of conduct where there is the presumption of origin-related fraud. The existence of fraud may be presumed where imports of products under the preferential arrangements provided for in this Decision massively exceed the usual levels of the beneficiary OCTs’s exports.

Article 2
Withdrawal of preferential arrangements 1. The Commission may temporarily withdraw the preferential arrangements provided for in this Decision, in respect of all or of certain products originating in a beneficiary country, where it considers that there is sufficient evidence that a temporary withdrawal would be justified for the reasons referred to in paragraphs 1 and 2 of Article 1 of this Annex, provided that it has first:
(a) consulted the Committee referred to in Article 10 of Annex VIII in accordance with the procedure referred to in Article 3(2) of this Annex;
(b) called on the Member States to take such precautionary measures as are necessary, in order to safeguard the Union’s financial interests and/or secure compliance by the beneficiary country with its obligations; and
(c) published a notice in the Official Journal of the European Union stating that there are grounds for reasonable doubt about the application of the preferential arrangements and/or compliance by the beneficiary country with its obligations, which may call into question its right to continue to enjoy the benefits granted by this Decision.
The Commission shall inform the OCTs(s) concerned of any decision taken in accordance with this paragraph, before it becomes effective. The Commission shall also notify the Committee referred to in Article 10 of Annex VIII. 2. The period of temporary withdrawal shall not exceed six months. On conclusion of that period, the Commission shall decide either to terminate the temporary withdrawal after informing the Committee referred to in Article 10 of Annex VIII or to extend the period of temporary withdrawal in accordance with the procedure referred to in paragraph 1 of this Article. 3. Member States shall communicate to the Commission all relevant information that may justify the withdrawal of preferences, its extension or its termination.

Article 3
Committee procedure 1. For the purpose of the implementation of Article 2 of this Annex, the Commission shall be assisted by the Committee referred to in Article 10 of Annex VIII. 2. When reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply.

SAFEGUARD AND SURVEILLANCE PROCEDURES

ANNEX VIII
Article 1
Definitions relative to surveillance and safeguard measures
For the purpose of the Articles 2 to 10 of this Annex relating to surveillance and safeguard measures:
(a) ‘like product’ means a product which is identical, namely alike in all respects, to the product under consideration, or, in the absence of such a product, another product which, although not alike in all respects, has characteristics closely resembling those of the product under consideration;
(b) ‘interested parties’ means those parties involved in the production, distribution and/or sale of the imports mentioned in Article 2(1) of this Annex and of like or directly competing products;
(c) ‘serious difficulties’ shall exist where Union producers suffer deterioration in their economic and/or financial situation.

Article 2
Principles of safeguard measures 1. Where a product originating in an OCTs referred to in Article 43 of this Decision is imported in volumes and/or at prices which cause, or threaten to cause, serious difficulties to Union producers of like or directly competing products, the necessary safeguard measures may be taken in accordance with the provisions below. 2. For the purpose of implementing paragraph 1, priority shall be given to such measures as would least disturb the functioning of the Association. These measures shall not exceed the limits of what is strictly necessary to remedy the difficulties that have arisen. They cannot exceed the withdrawal of the preferential treatment granted by this Decision. 3. When safeguard measures are taken or modified, particular attention shall be paid to the interests of the OCTs involved.

Article 3
Initiation of proceedings 1. The Commission shall investigate whether safeguard measures should be taken if there is sufficient prima facie evidence that the conditions of Article 2 of this Annex are met. 2. An investigation shall be initiated upon request by a Member State, by any legal person or any association not having legal personality, acting on behalf of Union producers, or on the Commission’s own initiative if it is apparent to the Commission that there is sufficient prima facie evidence, as determined on the basis of factors referred to in Article 2 of this Annex, to justify such initiation. The request to initiate an investigation shall contain evidence that the conditions for imposing the safeguard measure set out in Article 2 of this Annex are met. The request shall be submitted to the Commission. The Commission shall, as far as possible, examine the accuracy and adequacy of the evidence provided in the request to determine whether there is sufficient prima facie evidence to justify the initiation of an investigation. 3. Where it is apparent that there is sufficient prima facie evidence to justify the initiation of a proceeding, the Commission shall publish a notice in the Official Journal of the European Union. Initiation shall take place within one month of the request received pursuant to paragraph 2. Should an investigation be initiated, the notice shall provide all necessary details about the procedure and deadlines, including the possibility of recourse to the Hearing Officer of the Directorate-General for Trade of the European Commission. 4. The rules and procedures concerning the conduct of the investigation are laid down in Article 4 of this Annex. 5. If the OCTs authorities so require and without prejudice to the deadlines referred to in this Article, a trilateral consultation referred to in Article 14 of this Decision shall be organised. The outcome of the trilateral consultation shall be transmitted to the consultative committee.

Article 4
Investigations 1. Following the initiation of the proceeding, the Commission shall commence an investigation. The period as set out in paragraph 3 shall start on the day the decision to initiate the investigation is published in the Official Journal of the European Union. 2. The Commission may request Member States to supply information and Member States shall take whatever steps are necessary in order to give effect to any such request. If that information is of general interest and is not confidential within the meaning of Article 9 of this Annex, it shall be added to the non-confidential files as provided for in paragraph 8. 3. The investigation shall be concluded within 12 months of its initiation. 4. The Commission shall seek all information it considers necessary to make a determination with regard to the conditions set out in Article 2 of this Annex, and, where it considers it appropriate, endeavour to verify that information. 5. In the investigation the Commission shall evaluate all relevant factors of an objective and quantifiable nature having a bearing on the situation of the Union industry, in particular, the market share, changes in the level of sales, production, productivity, capacity utilisation, profits and losses, and employment. This list is not exhaustive and other relevant factors may also be taken into consideration by the Commission. 6. Interested parties who have come forward within the period laid down in the notice published in the Official Journal of the European Union and representatives of the OCTs concerned may, upon written request, inspect all information made available to the Commission in connection with the investigation other than internal documents prepared by the Union authorities or those of the Member States, provided that that information is relevant to the presentation of their case and not confidential within the meaning of Article 9 of this Annex and that it is used by the Commission in the investigation. Interested parties who have come forward may communicate their views on the information to the Commission. Those views shall be taken into consideration where they are backed by sufficient prima facie evidence. 7. The Commission shall ensure that all data and statistics which are used for the investigation are available, comprehensible, transparent and verifiable. 8. The Commission shall hear the interested parties, in particular where they have made a written application within the period laid down in the notice published in the Official Journal of the European Union, showing that they are actually likely to be affected by the outcome of the investigation and that there are special reasons for them to be heard orally. The Commission shall hear such parties on further occasions if there are special reasons for them to be heard again. 9. When information is not supplied within the time limits set by the Commission, or the investigation is significantly impeded, findings may be made on the basis of the facts available. Where the Commission finds that any interested party or third party has supplied it with false or misleading information, it shall disregard that information and may make use of the facts available. 10. The Commission shall notify the OCTs concerned in writing of the initiation of an investigation.

Article 5
Prior surveillance measures 1. The products originating in the OCTs referred to in Article 43 of this Decision may be subject to special surveillance. 2. Prior surveillance measures shall be adopted by the Commission in accordance with the advisory procedure referred to in Article 10 of this Annex. 3. Prior surveillance measures shall have a limited period of validity. Unless otherwise provided, they shall cease to be valid at the end of the second six-month period following the first six months after the measures were introduced. 4. The Commission and the competent OCTs authorities shall ensure the effectiveness of the surveillance measures by introducing the methods of administrative cooperation set out in Annexes VI and VII.

Article 6
Imposition of provisional safeguard measures 1. On duly justified grounds of urgency relating to deterioration of the economic and/or financial situation of Union producers which would be difficult to remedy, provisional measures may be imposed. Provisional measures shall not apply for more than 200 days. Provisional measures shall be adopted by the Commission in accordance with the advisory procedure referred to in Article 10 of this Annex. In cases of imperative grounds of urgency, the Commission shall adopt immediately applicable provisional safeguard measures in accordance with the procedure referred to in Article 10 of this Annex. 2. Should the provisional safeguard measures be repealed because the investigation shows that the conditions set out in Article 2 are not met, any customs duty collected as a result of those provisional measures shall be refunded automatically.

Article 7
Imposition of definitive measures 1. Where the facts as finally established show that the conditions set out in Article 2 are not met, the Commission shall adopt a decision terminating the investigation and proceeding in accordance with the examination procedure referred to in Article 4. The Commission shall make public, with due regard to the protection of confidential information within the meaning of Article 9, a report setting forth its findings and reasoned conclusions reached on all pertinent issues of fact and law. 2. Where the facts as finally established show that the conditions set out in Article 2 are met, the Commission shall adopt a decision imposing definitive safeguard measures in accordance with the examination procedure referred to in Article 4 of this Annex. The Commission shall make public, with due regard to the protection of confidential information within the meaning of Article 9, a report containing a summary of the material facts and considerations relevant to the determination, and notify the OCTs authorities immediately of the decision to take the necessary safeguard measures

Article 8
Duration and review of safeguard measures 1. A safeguard measure shall remain in force only for such period of time as may be necessary to prevent or remedy the serious injury and to facilitate adjustment. That period shall not exceed three years, unless it is extended under paragraph 2. 2. The initial period of duration of a safeguard measure may exceptionally be extended by up to two years provided it is determined that the safeguard measure continues to be necessary to prevent or remedy serious difficulties. 3. Any extension pursuant to paragraph 2 shall be preceded by an investigation upon a request by a Member State, by any legal person or any association not having legal personality, acting on behalf of the Union industry, or on the Commission’s own initiative if there is sufficient prima facie evidence that the safeguard measure continues to be necessary. 4. The initiation of an investigation shall be published in accordance with Article 4 and the safeguard measure shall remain in force, pending the outcome of the investigation. The investigation and any decision regarding an extension pursuant to paragraph 2 of this Article shall be done in accordance with Articles 6 and 7.
Article 9
Confidentiality 1. Information received pursuant to this Decision shall be used only for the purpose for which it was requested. Neither information of a confidential nature nor any information provided on a confidential basis received pursuant to this Decision shall be disclosed without specific permission from the supplier of such information. 2. Each request for confidentiality shall state the reasons why the information is confidential. However, if the supplier of the information wishes neither to make it public nor to authorise its disclosure in general terms or in the form of a summary, and if it appears that the request for confidentiality is unjustified, the information concerned may be disregarded. 3. Information shall, in any case, be considered to be confidential if its disclosure is likely to have a significantly adverse effect upon the supplier or the source of such information. 4. Paragraphs 1 to 4 shall not preclude reference by the Union authorities to general information and in particular to reasons on which decisions taken pursuant to this Decision are based. Those authorities shall, however, take into account the legitimate interest of natural and legal persons concerned that their business secrets should not be divulged.

Article 10
Committee procedure 1. The Commission shall be assisted by the Committee established by Article 4(1) of Council Regulation (EC) No 260/2009 (1). That Committee shall be a Committee within the meaning of Regulation (EU) No 182/2011. 2. Where reference is made to this paragraph, Article 4 of Regulation (EU) No 182/2011 shall apply. 3. Where reference is made to this paragraph, Article 5 of Regulation (EU) No 182/2011 shall apply. 4. Where reference is made to this paragraph, Article 8 of Regulation (EU) No 182/2011, in conjunction with Article 4 thereof, shall apply.

(1) Council Regulation (EC) No 260/2009 of 26 February 2009 on the common rules for imports (OJ L 84, 31.3.2009, p. 1).

Pending: 32013D0677

January 15, 2026
27.11.2013 EN Official Journal of the European Union L 316/33
(1) By letter registered with the Secretariat-General of the Commission on 24 October 2012, Luxembourg requested authorisation to apply a measure derogating from Article 285 of Directive 2006/112/EC, allowing Luxembourg to exempt from value added tax (VAT) taxable persons whose annual turnover is no higher than EUR 25 000. Through that measure, those taxable persons would be exempted from all or some of the obligations in relation to VAT referred to in Chapters 2 to 6 of Title XI of Directive 2006/112/EC.
(2) In accordance with Article 395(2) of Directive 2006/112/EC, the Commission informed the other Member States of the request made by Luxembourg by letter dated 9 November 2012. By letter dated 12 November 2012, the Commission notified Luxembourg that it had all the information necessary to consider the request.
(3) According to Article 285 of Directive 2006/112/EC, Member States, which have not exercised the option under Article 14 of Second Council Directive 67/228/EEC(2), may exempt from VAT taxable persons whose annual turnover is no higher than EUR 5 000 or the equivalent in national currency and may also grant graduated tax relief to taxable persons whose annual turnover exceeds the ceiling fixed by them for its application.
(4) Luxembourg has informed the Commission that it currently exempts from VAT taxable persons whose annual turnover is no higher than EUR 10 000 and that it makes use of the option of granting graduated tax relief with respect to taxable persons whose annual turnover is between EUR 10 000 and EUR 25 000. Luxembourg has requested the authorisation to exempt from VAT, as a derogating measure, taxable persons whose annual turnover is no higher than EUR 25 000.
(5) A higher threshold for the special scheme is a simplification measure, in so far as it may significantly reduce the VAT obligations of small businesses and would enable Luxembourg to cease applying the graduated tax relief scheme that is burdensome for businesses. Taxable persons should be still able to opt for the normal VAT arrangements.
(6) On 29 October 2004, the Commission has adopted a proposal for a Council Directive amending Sixth Council Directive 77/388/EEC(3)with a view to simplifying valued added tax obligations, which included provisions aimed at allowing Member States to set the annual turnover ceiling for the VAT exemption scheme at up to EUR 100 000 or the equivalent in national currency, with the possibility of updating that amount each year. This Decision is in line with that proposal.
(7) The derogating measure has only a negligible effect on the overall amount of tax collected at the stage of final consumption and will not adversely affect the Union’s own resources accruing from VAT,
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax(1), and in particular Article 395(1) thereof,
Having regard to the proposal from the European Commission,
(1) By letter registered with the Secretariat-General of the Commission on 24 October 2012, Luxembourg requested authorisation to apply a measure derogating from Article 285 of Directive 2006/112/EC, allowing Luxembourg to exempt from value added tax (VAT) taxable persons whose annual turnover is no higher than EUR 25 000. Through that measure, those taxable persons would be exempted from all or some of the obligations in relation to VAT referred to in Chapters 2 to 6 of Title XI of Directive 2006/112/EC.
(2) In accordance with Article 395(2) of Directive 2006/112/EC, the Commission informed the other Member States of the request made by Luxembourg by letter dated 9 November 2012. By letter dated 12 November 2012, the Commission notified Luxembourg that it had all the information necessary to consider the request.
(3) According to Article 285 of Directive 2006/112/EC, Member States, which have not exercised the option under Article 14 of Second Council Directive 67/228/EEC(2), may exempt from VAT taxable persons whose annual turnover is no higher than EUR 5 000 or the equivalent in national currency and may also grant graduated tax relief to taxable persons whose annual turnover exceeds the ceiling fixed by them for its application.
(4) Luxembourg has informed the Commission that it currently exempts from VAT taxable persons whose annual turnover is no higher than EUR 10 000 and that it makes use of the option of granting graduated tax relief with respect to taxable persons whose annual turnover is between EUR 10 000 and EUR 25 000. Luxembourg has requested the authorisation to exempt from VAT, as a derogating measure, taxable persons whose annual turnover is no higher than EUR 25 000.
(5) A higher threshold for the special scheme is a simplification measure, in so far as it may significantly reduce the VAT obligations of small businesses and would enable Luxembourg to cease applying the graduated tax relief scheme that is burdensome for businesses. Taxable persons should be still able to opt for the normal VAT arrangements.
(6) On 29 October 2004, the Commission has adopted a proposal for a Council Directive amending Sixth Council Directive 77/388/EEC(3)with a view to simplifying valued added tax obligations, which included provisions aimed at allowing Member States to set the annual turnover ceiling for the VAT exemption scheme at up to EUR 100 000 or the equivalent in national currency, with the possibility of updating that amount each year. This Decision is in line with that proposal.
(7) The derogating measure has only a negligible effect on the overall amount of tax collected at the stage of final consumption and will not adversely affect the Union’s own resources accruing from VAT,
HAS ADOPTED THIS DECISION:

Article 1
By way of derogation from Article 285 of Directive 2006/112/EC, Luxembourg is authorised to exempt from VAT taxable persons whose annual turnover is no higher than EUR 25 000.

Article 2
This Decision shall take effect on the day of its notification.
This Decision shall apply until the date of entry into force of Union rules amending the amounts of the annual turnover ceilings below which taxable persons may qualify for VAT exemption or until 31 December 2016, whichever date is earlier.

Article 3
This Decision is addressed to the Grand Duchy of Luxembourg.

THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax(1), and in particular Article 395(1) thereof,
Having regard to the proposal from the European Commission,
(1) By letter registered with the Secretariat-General of the Commission on 24 October 2012, Luxembourg requested authorisation to apply a measure derogating from Article 285 of Directive 2006/112/EC, allowing Luxembourg to exempt from value added tax (VAT) taxable persons whose annual turnover is no higher than EUR 25 000. Through that measure, those taxable persons would be exempted from all or some of the obligations in relation to VAT referred to in Chapters 2 to 6 of Title XI of Directive 2006/112/EC.
(2) In accordance with Article 395(2) of Directive 2006/112/EC, the Commission informed the other Member States of the request made by Luxembourg by letter dated 9 November 2012. By letter dated 12 November 2012, the Commission notified Luxembourg that it had all the information necessary to consider the request.
(3) According to Article 285 of Directive 2006/112/EC, Member States, which have not exercised the option under Article 14 of Second Council Directive 67/228/EEC(2), may exempt from VAT taxable persons whose annual turnover is no higher than EUR 5 000 or the equivalent in national currency and may also grant graduated tax relief to taxable persons whose annual turnover exceeds the ceiling fixed by them for its application.
(4) Luxembourg has informed the Commission that it currently exempts from VAT taxable persons whose annual turnover is no higher than EUR 10 000 and that it makes use of the option of granting graduated tax relief with respect to taxable persons whose annual turnover is between EUR 10 000 and EUR 25 000. Luxembourg has requested the authorisation to exempt from VAT, as a derogating measure, taxable persons whose annual turnover is no higher than EUR 25 000.
(5) A higher threshold for the special scheme is a simplification measure, in so far as it may significantly reduce the VAT obligations of small businesses and would enable Luxembourg to cease applying the graduated tax relief scheme that is burdensome for businesses. Taxable persons should be still able to opt for the normal VAT arrangements.
(6) On 29 October 2004, the Commission has adopted a proposal for a Council Directive amending Sixth Council Directive 77/388/EEC(3)with a view to simplifying valued added tax obligations, which included provisions aimed at allowing Member States to set the annual turnover ceiling for the VAT exemption scheme at up to EUR 100 000 or the equivalent in national currency, with the possibility of updating that amount each year. This Decision is in line with that proposal.
(7) The derogating measure has only a negligible effect on the overall amount of tax collected at the stage of final consumption and will not adversely affect the Union’s own resources accruing from VAT,
HAS ADOPTED THIS DECISION:
By way of derogation from Article 285 of Directive 2006/112/EC, Luxembourg is authorised to exempt from VAT taxable persons whose annual turnover is no higher than EUR 25 000.
This Decision shall take effect on the day of its notification.
This Decision shall apply until the date of entry into force of Union rules amending the amounts of the annual turnover ceilings below which taxable persons may qualify for VAT exemption or until 31 December 2016, whichever date is earlier.
This Decision is addressed to the Grand Duchy of Luxembourg.